16. The law regarding easement is discussed in Gauri
Amma Krishnamma Vs Seethalakshmi Amma and Ors
AIR 2004 Kerala 75. It was held that alternative
inconvenient pathway is no ground for claiming easement
of necessity. Necessity must be absolute and not
convenient mode of enjoyment. Similar view was taken in
Sanjeev Kumar Jain Versus Sh. Raghubir Saran
Charitable Trust & Ors. 2004 (8) AD Delhi 398. In the
RCA 26/12 10 of 11
11
case in hand the plaintiff has alternative passage on the
western side. Thus there is hardly any scope of claiming
easement on the eastern side.
In this regard, reliance has been placed on the judgment of Gouri
Amma Krishanamma v. Seethalakshmi Amma & Ors., AIR 2004
Kerala 75 wherein it was held, that alternative inconvenient pathway is no
ground for claiming easement of necessity. The necessity must be absolute
and not a convenient mode of enjoyment.