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may 2006

Supreme Court of India · 2006-05-08

Hero Vinoth (Minor) vs Seshammal

Citation / case number
AIR 2006 SUPREME COURT 2234
Court
Supreme Court of India
Petitioner
Hero Vinoth (Minor)
Respondent
Seshammal
Author
Arijit Pasayat
Bench
Arijit Pasayat, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the decision of the trial court that the plaintiff was entitled to construct a compound wall on his property, as the defendant's claim of an easement of necessity was extinguished under Section 41 of the Indian Easement Act, 1882. The Court found that the defendant had alternative access to her property, negating the necessity for the easement. The judgment of the Madras High Court allowing the defendant's second appeal was set aside, affirming the trial court's ruling in favor of the plaintiff.

Hero Vinoth (Minor) vs Seshammal · Niyam