STATE OF GUJARAT Vs. HIRALAL MOTILAL LUHAR
LAWS(GJH)-1979-7-25
HIGH COURT OF GUJARAT
Decided on July 23,1979

STATE OF GUJARAT Appellant
VERSUS
HIRALAL MOTILAL LUHAR Respondents

JUDGEMENT

M.K.SHAH - (1.) This is an appeal by the State original defendant in a suit filed by the respondent original plaintiff being civil suit No. 264 of 1970 of the court of the learned Judge City Civil Court 5 Court Ahmedabad against its judgment and decree dated 28th February 1974 declaring that the plaintiff as the sub-tenant of the shop bearing Municipal census No. 562A/1 standing upon a portion of survey number 690/ 1 has a right of way as an easement of necessity upon servient tenement admeasuring 36 north-south and 10 on east-west forming part of the open land bearing S. No. 690/1/A lying to the west of the plaintiffs shop and granting a perpetual injunction restraining the defendant State its servants and agents from disturbing the plaintiffs aforesaid right of easement in any manner. ... ... ... ... ... ... ... ... ... ... ... ... .. .. . . .. .
(2.) Mr. Chhaya the learned Assistant Government Pleader appearing for the appellant State submits that in the instant case the learned Judge has decreed the plaintiffs suit on a misconception and misconstruction of law with regard to easements. As defined in sec. 4 of the Indian Easements Act 1882 (the Act) An easement is a right which the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other land not his own.
(3.) The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof the dominant owner; the land of which liability is imposed is called the servient heritage and the owner or occupier thereof the servient owner.;


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