Supreme Court of India · 2004-11-22
Justiniano Antao & Ors vs Smt. Bernadette B.Pereira
- Citation / case number
- AIR 2005 SUPREME COURT 236
- Court
- Supreme Court of India
- Petitioner
- Justiniano Antao & Ors
- Respondent
- Smt. Bernadette B.Pereira
- Author
- A.K. Mathur
- Bench
- Ashok Bhan, A.K. Mathur
Judgment text excerpt
The Supreme Court upheld the High Court's decision that Smt. Bernadette B. Pereira had acquired an easementary right of access through the property of the respondents under Section 15 of the Easements Act, 1882. The Court clarified that the requirement of claiming an easement as of right does not necessitate explicit pleading if the use has been continuous and uninterrupted. The appeal was dismissed, affirming the High Court's reversal of the first appellate court's judgment, thereby granting the plaintiff her right of access.