Indian easement act
Suresh
(Querist) 18 July 2013
This query is : Resolved
The plaintiff is the absolute owner in posession 10 cents and a building therein is using a pathway on the northern side of his property for the past 35 year's.The defendent tried to make obstruction to the pathway.So the plaintiff filed a suit for declaration of his easement right of the pathway by prescription and necessity.It is the only pathway for the plaintiff to reach his house.Can the plaintiff simultaneously claim the easement by prescription and of necessity at the time of giving evidence?
Devajyoti Barman
(Expert) 18 July 2013
Plaintiff can not pray for any additional relief unless the same has been mentioned in the prayer section of his plaint.
However if the court finds at the time of disposal of suit that any other relief which is inseparable from the main relief without which the mail relief may become meaningless then it can grant the same even if its is not specifically prayed for.
adv. rajeev ( rajoo )
(Expert) 18 July 2013
Easement by prescription is the correct procedure to claim the right.
R.K Nanda
(Expert) 18 July 2013
nothing to add.
