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.