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Sh. R. S. Vaish vs Union Of India on 31 October, 2012

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.
Delhi District Court Cites 10 - Cited by 0 - Full Document
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