JUSTINIANO ANTAO vs SMT.BERNADETTE B.PEREIRA

The Supreme Court upheld the High Court's decision reversing the first appellate court's ruling regarding the easementary right of access claimed by Smt. Bernadette B. Pereira under Section 15 of the Easements Act, 1882. The Court established that an easementary right must be claimed as of right and that the plaintiff's failure to allege such in her pleadings was a valid ground for dismissal. The Court affirmed the High Court's finding that the plaintiff had established her right to motorable access through the defendants' property, thereby granting her the relief sought.