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Sambayya and anr. Vs. Gopalakrishnamma - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad489
AppellantSambayya and anr.
RespondentGopalakrishnamma
Cases ReferredVirasvami Gramini v. Ayyasvami Gramini
Excerpt:
practice - variance between pleadings and proof--relief not asked for. - .....all the rights of the parties to a suit, both legal and equitable, and give effect thereto by their decrees, as far as possible, they are not at liberty to grant a relief either not prayed for in the plaint, or that does not naturally flow from the ground of claim as stated in the plaint.6. neither the pleadings nor the issues in the present case suggest a right of easement and the parties cannot be fairly presumed to have proceeded to trial with reference to such right.7. we therefore set aside the decree of the subordinate judge and restore that of the district munsif, without prejudice, however, to plaintiff's right to establish his claim of easement, if any, by fresh suit.8. respondent will pay appellants' costs of this appeal, and also in the lower appellate court.
Judgment:

1. The suit brought by respondent was for restraining the appellants from obstructing him in raising a door across the lane in dispute on the ground that the lane was his exclusive property.

2. The Subordinate Judge has found that the lane does not belong to the respondent.

3. Instead of dismissing the suit on that finding, he has declared that both plaintiff and defendants have rights of easement by long use over the lane, and has decreed that neither party should interfere with the other in the exercise of this right.

4. In a suit brought to establish a right of ownership of property, it is not competent to the Court to enter into, and decide the question of right to an easement over the same.

5. Though, as observed in Virasvami Gramini v. Ayyasvami Gramini 1 M.H.C.R. 477, the Courts are bound to take into consideration all the rights of the parties to a suit, both legal and equitable, and give effect thereto by their decrees, as far as possible, they are not at liberty to grant a relief either not prayed for in the plaint, or that does not naturally flow from the ground of claim as stated in the plaint.

6. Neither the pleadings nor the issues in the present case suggest a right of easement and the parties cannot be fairly presumed to have proceeded to trial with reference to such right.

7. We therefore set aside the decree of the Subordinate Judge and restore that of the District Munsif, without prejudice, however, to plaintiff's right to establish his claim of easement, if any, by fresh suit.

8. Respondent will pay appellants' costs of this appeal, and also in the lower Appellate Court.


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