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Chunder Coomar Mookerjee and ors. Vs. Shama Churn Dey and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1882)ILR8Cal677
AppellantChunder Coomar Mookerjee and ors.;chunder Coomar Mookerjee and ors.
RespondentShama Churn Dey and anr.;koylash Chunder Sett and ors.
Excerpt:
easement - right of way--unity of possession--severance. - .....entitled only to a right of way over it; secondly, that the defendants had a right of way over the land and a right to use the lane for the purpose of carrying away nightsoil from their premises in such way as would least affect the plaintiffs in the enjoyment of their premises; and thirdly, that this suit had been rightly dismissed as against the defendants against whom it had been dismissed in the lower court. but being unable to agree with the court below as regarded the injunction granted against the appealing defendants, their lordships reversed so much of the decree as granted the injunction, and dismissed the suit against all the defendants.
Judgment:

Garth, C.J., and Pontifex, J.

1. In which they agreed with the Court below for substantially the same reasons, first, that the plaintiffs had failed to prove a title to the soil of the lane, and could be considered as entitled only to a right of way over it; secondly, that the defendants had a right of way over the land and a right to use the lane for the purpose of carrying away nightsoil from their premises in such way as would least affect the plaintiffs in the enjoyment of their premises; and thirdly, that this suit had been rightly dismissed as against the defendants against whom it had been dismissed in the lower Court. But being unable to agree with the Court below as regarded the injunction granted against the appealing defendants, their Lordships reversed so much of the decree as granted the injunction, and dismissed the suit against all the defendants.


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