alleged pond. It is
also contended that plaintiffs have no easementry right or
necessity. Hence, prays to dismiss the suit ... right to take water
from another well may be acquired as an easement. The
right to enter on the land or the right to take
ownership of the defendant over the property, plaintiff
cannot seek for easementry right, hence sought for
dismissal of the suit.
5. The Trial Court based ... consideration.
1. Whether the plaintiff proves that he is
having easementry right over the suit
property?
2. Whether the plaintiff proves that the
defendant
contention raised by the learned counsel
for the appellant is that easementry rights of the defendant
have not been properly considered by the trial court
dispute that admittedly there is a dispute
in respect of easementry right over the land in question
that the proposed construction by
defendant No.1 is to defeat the rights of the plaintiff for
free passage of air and light and also ... decree contended in the absence of a
suit for declaration for easementry rights the trial Court
has erred in granting mandatory injunction as
indicated
favour by
the Appellate Court that, in a suit for prescriptive
easementry right of way, the existence or non-existence ... down by the plaintiff against the
defendants seeks to enforce an easementry right of the
way 'CD', which admittedly passes through the defendants
schedule property?
3. Whether the plaintiff proves that he has got
easementary right of light and air on western
side of the suit property ... plaintiffs and restrain from
putting up any construction obstructing the easementry
right of the plaintiffs for air and light through four
ventilators existing
schedule property?
3. Whether the plaintiff proves that he has got
easementary right of light and air on western
side of the suit property ... plaintiffs and restrain from
putting up any construction obstructing the easementry
right of the plaintiffs for air and light through four
ventilators existing
defendant for the relief of declaration that he has got
the easementry right over the disputed property. That
suit came to be decreed. The defendant ... were set aside holding
that the said Govinda Pillai has no easementry right
over the present suit schedule property.
14. It is not the case
sake of convenience.
3. Suit seeking relief of declaration of right of
easement of way over land Survey No.202/1 to the extent ... right
peacefully, continuously and without any interruption, the
plaintiff has perfected easementry right of way over Survey
No.202/1 by way of prescriptive
