Granted right to use passage in the sale deed it is not easement of necessity being claim by the appellants–
The appellants have been granted right to use passage in the sale deed. Thus, it is not easement of necessity being claimed by the appellants. It is right granted to defendant No. 2 in the sale deed therefore, such right will not extinguish in terms of Section 41 of the Indian Easements Act, 1882.
We find that the judgment and decree passed by the High Court suffers from manifest error and, thus, cannot be sustained in law. Accordingly, the appeals are allowed. The 16 feet x 103 feet passage adjoining the property of the defendants leading to the property of the plaintiff is reserved for the common use of defendant No. 2 and of the plaintiff. No costs. …Dr. S. Kumar =VS= S. Ramalingam, (Civil), 2019 (2) [7 LM (SC) 1] ....View Full Judgment