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july 2019

Supreme Court of India · 2019-07-16

Dr. S.Kumar And Ors. vs S.Ramalingam

Citation / case number
AIR 2019 SUPREME COURT 3654
Court
Supreme Court of India
Petitioner
Dr. S.Kumar And Ors.
Respondent
S.Ramalingam
Author
Hemant Gupta
Bench
Hemant Gupta, L. Nageswara Rao

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the First Appellate Court's ruling that the plaintiff has no exclusive right to the pathway A B C D, as the defendants possess a right of necessity to access their property. The Court emphasized that the defendants have alternative access to their property, negating the need for an easement over the disputed pathway. The judgment clarified the principles surrounding easement rights under the Indian Easements Act, 1882, particularly in relation to necessity and access rights.

Dr. S.Kumar And Ors. vs S.Ramalingam · Niyam