Supreme Court of India · 2006-05-08
HERO VINOTH(MINOR) vs SESHAMMAL
- Citation / case number
- SC 1999/20821
- Court
- Supreme Court of India
- Petitioner
- HERO VINOTH(MINOR)
- Respondent
- SESHAMMAL
- Author
- ARIJIT PASAYAT
- Bench
- R.V. RAVEENDRAN ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the trial court's decision that the plaintiff was entitled to construct a compound wall on his property, as the defendant's claim of a right of way was extinguished under Section 41 of the Indian Easement Act, 1882. The Court found that the right of way was an easement of necessity, which ceased to exist due to the plaintiff's alternative access. The judgment of the Madras High Court allowing the defendant's appeal was set aside, affirming the trial court's ruling in favor of the plaintiff.