VidhiSangh

Supreme Court of India · 10/04/2024

MANISHA MAHENDRA GALA & ORS. versus SHALINI BHAGWAN AVATRAMANI & ORS.

[2024] 4 S.C.R. 357 · 2024 INSC 293

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An easement claimant must plead and prove the basis of the claimed right. Vague use “for many years” and evidence that a road existed did not establish twenty-year prescriptive enjoyment. An available alternative access defeated necessity, and the vendor’s unproved easement could not pass through a sale deed against the servient owner. The Court also explained limits on attorney testimony and affirmed the first appellate court’s power to reassess facts, dismissing both appeals.

Issues

  1. Whether prescription, necessity or the sale deed established the claimed right of way.
  2. Whether the attorney/manager’s evidence proved historical enjoyment.
  3. Whether the first appellate court could overturn the trial findings.

Provisions considered

Held

Result

Both appeals dismissed; rejection of the claimed easement and decree protecting the servient owners upheld.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 357.