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FAQ's | Landmark Judgements

Landmark Judgments

·  In K.V.K. Janardhanan Vs. State of Tamil Nadu AIR 1995, it was held that neither the Government nor the Municipality or any local body has got any right to put up any obstruction over the public street so as to prevent it from having any access to the adjoining land. It has been repeatedly held that the owner of the land adjoining the public street has got a right of access at every point where his land adjoins public street.


·  Haji Ismail Sait Vs. Trustees of Harbour Madras, the court held : “The general rule of law is that the owner of one piece of land has a right to it in the natural course of user; unless, in doing so, he interferes with some right created either by law or by contract.”


·  Kedar Nath Vs. Rughonath, it was held that: “Any person is entitled to establish a market on his own land, and the owner of a neighbouring market has no right of the suit for the loss which may ensue from the establishment of the new market. This right is subject to the order of the Magistrate to prevent riot,etc.”


·  Bryant Vs. Lefever, 1879, the court held that: “Natural rights are rights in rem ,that is enforceable against all who may violate them, and they are either affirmative, as rights to do something ,or a negative,as rights which every owner of immoveable property has, that his neighbor shall not disturb the natural conditions under which he enjoys his property.”



·  Indian Easement Act, 1882 defined easement as a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

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