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january 2005

Supreme Court of India · 2005-01-10

H.P.STATE ELEC.BOARD vs SHIV K. SHARMA

Citation / case number
SC 1999/4222
Court
Supreme Court of India
Petitioner
H.P.STATE ELEC.BOARD
Respondent
SHIV K. SHARMA
Author
Srikrishna
Bench
B.N. SRIKRISHNA SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Additional District Judge's ruling that the respondents had a right of easement of necessity to access their land through the appellant's acquired land, as established under Section 100 of the Code of Civil Procedure. The Court found that the sale deed explicitly granted this right, and the blocking of access constituted an infringement of that right. Consequently, the appeal by the Himachal Pradesh State Electricity Board was dismissed, affirming the lower courts' findings.

H.P.STATE ELEC.BOARD vs SHIV K. SHARMA · Niyam