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april 2001

Supreme Court of India · 2001-04-04

Saraswathi And Anr vs S. Ganapathy And Anr

Citation / case number
AIR 2001 SUPREME COURT 1844
Court
Supreme Court of India
Petitioner
Saraswathi And Anr
Respondent
S. Ganapathy And Anr
Author
S. N. Variava
Bench
V.N. Khare, S.N. Variava

Judgment text excerpt

The Supreme Court upheld the Trial Court's finding that the 1st Respondent had encroached upon 338 sq. ft. of the Appellants' property and granted a permanent injunction against the 1st Respondent from obstructing the drainage outlet and the passage of light and air. The Court emphasized the importance of easementary rights under the Release Deed dated 30th October, 1974, affirming that the 1st Respondent's rights were limited to those expressly reserved. The judgment reinforced the principle that encroachment on property rights warrants legal remedy and protection.

Saraswathi And Anr vs S. Ganapathy And Anr · Niyam