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Ravutu Adinarayanamma Vs. Sahukara Syed Murtuza Saheb and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.571
AppellantRavutu Adinarayanamma
RespondentSahukara Syed Murtuza Saheb and ors.
Excerpt:
buttress - enjoyment for over 12 years--easement--title. - .....we are unable to accept his conclusion that this only gives her an easement. the defendant has not proved his plea that this was built with his permission. we, therefore, reverse the decree of the district judge and restore the decree of the district munsif for possession with costs throughout.
Judgment:

1. On the suit property there is a buttress put up by the plaintiff which covers the whole site. The Judge finds that the plaintiff has been in enjoyment of the buttress for a period sufficient to give the plaintiff a right of easement to retain it as a protection of her wall. If the plaintiff has put this buttress and has been in possession thereof for more than twelve years, and this we take to be the finding of the Judge, we are of opinion that the plaintiff must be deemed to have acquired a title to the site covered by the buttress by adverse possession. We are unable to accept his conclusion that this only gives her an easement. The defendant has not proved his plea that this was built with his permission. We, therefore, reverse the decree of the District Judge and restore the decree of the District Munsif for possession with costs throughout.


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