Supreme Court of India · 2001-04-04
SARASWATHI vs S. GANAPATHY
- Citation / case number
- SC 1998/11916
- Court
- Supreme Court of India
- Petitioner
- SARASWATHI
- Respondent
- S. GANAPATHY
- Author
- S.N. VARIAVA V.N. KHARE
- Bench
- S.N. VARIAVA V.N. KHARE
Judgment text excerpt
The Supreme Court addressed the issue of easementary rights and encroachment in property disputes, specifically under the principles of property law. The Court held that the 1st Respondent could only claim rights as reserved in the Release Deed dated 30th October, 1974, and affirmed the lower court's decision granting the Appellants recovery of 258 sq. ft. encroached by the 1st Respondent. The Court also upheld the permanent injunction against the 1st Respondent from obstructing drainage and the passage of light and air to the Appellants' property.