findings by the appellate
court below that the plaintiff has acquired
easementry right of necessity cannot be
Patna High Court ... main road and, in such circumstance, he
could not have claimed easementry right. He has also submitted
that though the plaintiff had entire frontage
right is granted, because without the existence of this right,
an occupier or owner cannot fully enjoy his own property. It includes the
right ... other. It is a right in-rem, which means a
right available against the whole world. Easement as a right is always
annexed
appellants would refer Section 15
of Easementry Act, and would contend that in order to have an easementry
right of light ... right of easementry by prescription. Therefore, this Court
is of the view that even on the ground of easementry right, the appellants
cannot have
appellants would refer Section 15
of Easementry Act, and would contend that in order to have an easementry
right of light ... right of easementry by prescription. Therefore, this Court
is of the view that even on the ground of easementry right, the appellants
cannot have
appellants would refer Section 15
of Easementry Act, and would contend that in order to have an easementry
right of light ... right of easementry by prescription. Therefore, this Court
is of the view that even on the ground of easementry right, the appellants
cannot have
judis.nic.in
6
extent of easementry right and mode of its enjoyment other than easement
of necessity must be fixed with reference ... earmarked 20 feet wide road as pathway
and has conveyed easementry right by grant through the sale deed Ex.A1,
he cannot subsequently encroach
accordingly, permanent
injunction and declaration being sought in relation to
said easementry rights to reach their land in question.
4. The said suit was contested ... land bearing Survey No.55. By specific
averments, the alleged easementry right and
existence of the alleged pathway have been denied. It
is specifically averred
petitioner and respondent nos. 3 to 7 for
declaration of their easementry right of air, light and passage on
disputed plots and furthermore, for restraining ... Judge arguing that originally,
respondent nos.1 and 2 claimed their easementry right over the
disputed plots but by the proposed amendment they prayed before
plea that in absence of claim of relief of declaration of
easementry right the present suit is not maintainable. He
has stated that he purchased ... relief of
permanent injunction without claiming the relief of
declaration of easementry right. The learned trial court
has wrongly shifted the burden on the defendant
drive way
of the suit property has infringed the easementry
rights to light and air of the plaintiffs? OPP
3. Whether the defendant ... drive
way of the suit property has infringed the easementry
rights to light and air of the plaintiff's? OPP"
15. The onus
