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april 2001

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.

SARASWATHI vs S. GANAPATHY · Niyam