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case for grant of relief based on easementary right
of passage, in respect of the suit property, as they ... view that
the case based on an easementary right could be considered
even in the absence of any pleading
Supreme Court of India
there was no question of his having acquired any easementary rights by
prescription over the said strip of land ... considered it unnecessary to go into the question of easementary rights
claimed by the appellant. The principal ground on which
Supreme Court of India
other
common purposes and thus it is their easementary right and the defendant-
appellant be restrained from interfering in their ... land would vest in the State and
easementary right of grazing being over the land the same has not vested
Supreme Court of India
right of pre-emption
on the basis of easementary right. In Mahboob Hasan v. Ram Bharosey ... Shafi-i-Khalit, who merely enjoys
an easementary right, was void, as it placed unreasonable restrictions
on the fundamental rights
Allahabad High Court
replacement by another has no
consequence on the easementary right, since no common management was
involved at any stage
Rajasthan High Court
khalit who is merely the owner of an easementary right in
the property sought to be pre-empted?
2. This ... shafl-i-khalit is merely the owner of an easementary right in the
property sought to be pre-empted
Allahabad High Court
defendants was that the plaintiffs have not
acquired an easementary right for light and air and that they were
within ... plaintiffs should have proved that they had
acquired an easementary right to light and air.
4. In my opinion
Madras High Court
Muzaffarnagar held that they had thus acauired a
prescriptive easementary right and on this finding decreed the suit ... Civil Judge of
Muzaffarnagar found that though a prescriptive easementary right had
been earlier acquired, it had not been exercised
Allahabad High Court
schedule property (the pathway); he is not asking for easementary
right over this property. The trial Court has found that ... Pillai, S/o. Ramalingam Pillai. When the plaintiff claims
easementary right, he must admit that it is the property
Madras High Court
relief of declaration that he acquired by prescription the
easementary right of way passing through the backyard of adjoining
defendants ... dominant heritage he acquired by prescription the
easementary right of way through and over the backyard of the
judgment-debtors
Karnataka High Court
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