appellate tribunal acted beyond jurisdiction by
deciding issues of entitlement of easementary right already
pending before court as civil court has already granted stay vide ... that no documents has been filed by appellants that any
easementary right in writing was created by owner of plot no.5
and appellants cannot
construction, but, a right of a
neighbor only arises if the legal rights of light and air or
any other legal right is affected ... construction
but a right of neighbour arises only if the legal rights of
light and air or any other legal right is impacted on
account
right of way,
a right to light and air, right to draw water,
right to support, right to have overhanging
eaves, right of drainage, right ... establishing
a right of passage is different from a right of
drainage or right to support of a roof or
right to water course
roof/arch.
Plaintiff has stated that def. has infringed the easementary
right of plaintiff to enjoy fresh air and natural light.
3. Defendant ... right against the property of servient owner
(the property against which the right is enforced), if any action
of the servient owner infringes his easementary
plaintiff and her family members much less adversely
affecting her easementary rights. It was further pleaded that in fact it is
the plaintiff ... first and the second floor has affected her
easementary rights of air and light as defendant no. 2's property now
stands in front
right of way, a right to light and air, right to draw water,
right to support, right to have overhanging eaves, right of drainage, right ... estab
lishing a right of passage is different from a right of drainage or right to support of a roof or
right to watercourse
Judgment : 16.10.2025
SUIT FOR DECLARATION, PROHIBITORY, PERPETUAL,
PERMANENT AND MANDATORY INJUNCTION,
EASEMENTARY RIGHTS AND DAMAGES
JUDGMENT
BRIEF FACTS
1. By way of this judgement, this ... associates, agents,
employees, legal representatives, as the case maybe, to have
easementary rights/right of using the passage way (subject land)
connecting the only exit
case that over
the years, she has acquired easementary rights over this gali, which
she describes as being more than 50 years old and commonly ... resulted in obstruction to her access and a violation of her
easementary rights, and that despite repeated objections, the
CS SCJ 1167/19 MAMTA GUPTA
possession of suit property became entitled to the easementary right
of necessity as the suit property and the other portion of khasra ... easementary right by
prescription the right must have been enjoyed without interruption
for a period of 20 years and if the right which is being
said street, and
further, had nullified his claim of a private easementary right by
admitting in his cross-examination that the street ... concluded that the Plaintiff could not claim any special
or exclusive easementary right over a public street and thus
had no legal basis to object
