UMRAH KHATOON vs MD. ZAFIR KHAN & ORS.

The Supreme Court held that the High Court erred in dismissing the plaintiff's claim for easementary rights based on a technicality regarding the claim of title. The Court emphasized that the plaintiff's assertion of title should not negate her right to seek relief for easement, as the trial and first appellate courts had accepted her claim for easementary rights. The Court ruled that dismissing the suit on grounds of non-maintainability, raised for the first time in the High Court, obstructs justice and is not justifiable under the circumstances.