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Jootoor Acchanna Vs. Vanamala Venkamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ24
AppellantJootoor Acchanna
RespondentVanamala Venkamma
Cases ReferredSee Jeffries v. Williams L.R.
Excerpt:
- 1. the district judge has found that the strip of land on which defendant has been attempting to build a wall is a piece of government poramboke between plaintiff's house and the public street and that it does not belong to defendant stall, such being the case we think the judge was right in holding that it was not necessary for plaintiff to establish prescriptive rights of easement against a wrong-doer and that the mere fact of plaintiff's enjoyment is sufficient to entitle him to an injunction. see jeffries v. williams l.r. 5 ex. 792 goddard on easements, 4th ed. 467.2. the decree of the district judge is confirmed and this second appeal dismissed with costs.
Judgment:

1. The District Judge has found that the strip of land on which defendant has been attempting to build a wall is a piece of Government poramboke between plaintiff's house and the public street and that it does not belong to defendant stall, Such being the case we think the judge was right in holding that it was not necessary for plaintiff to establish prescriptive rights of easement against a wrong-doer and that the mere fact of plaintiff's enjoyment is sufficient to entitle him to an injunction. See Jeffries v. Williams L.R. 5 Ex. 792 Goddard on Easements, 4th Ed. 467.

2. The Decree of the District Judge is confirmed and this Second Appeal dismissed with costs.


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