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.