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november 2003

Supreme Court of India · 2003-11-20

K. Sivaramaiah vs Rukmani Ammal

Citation / case number
AIR 2004 SUPREME COURT 508
Court
Supreme Court of India
Petitioner
K. Sivaramaiah
Respondent
Rukmani Ammal
Bench
R.C. Lahoti, Ashok Bhan

Judgment text excerpt

The Supreme Court addressed the issue of easementary rights concerning windows and ventilators overlooking a neighboring property. The Court held that a neighbor cannot seek a mandatory injunction to close openings unless they have established a prescriptive right to light and air over a period of 20 years, as per the principles of easement law. The judgment of the lower court was upheld, emphasizing that the appellant's claim lacked the requisite proof of such rights, leading to the dismissal of the appeal.

K. Sivaramaiah vs Rukmani Ammal · Niyam