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.