UMRAH KHATOON versus MD. ZAFIR KHAN AND ORS.

UMRAH KHATOON versus MD. ZAFIR KHAN AND ORS.

The plaintiff's claim for easementary right to discharge drain water over the land is acceptable, and should not be denied on technical ground of maintainability, as justice requires recognizing the longstanding use.

Parties
Appellant: Umrah Khatoon; Respondent: Md. Zafir Khan; Respondent: Md. Zafir Khan and Ors.
Jurisdiction
India
Judgment Date
16 December 1996
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
appeal allowed
Legal Topics
Easementary Rights, Suit Maintainability, Drain Water Discharge
Property Law Easementary Rights Suit Maintainability Drain Water Discharge

Case Brief

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Parties

Umrah Khatoon

Appellant

Md. Zafir Khan

Respondent

Md. Zafir Khan and Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether plaintiff can claim easementary right to discharge drain water over defendant's land despite also claiming title.
  2. 2 Whether plea of non-maintainability can be raised at Supreme Court after loss on merits.

Ratio Decidendi

The plaintiff's claim for easementary right to discharge drain water over the land is acceptable, and should not be denied on technical ground of maintainability, as justice requires recognizing the longstanding use.

Court Disposition

appeal allowed

Orders

  • Impugned judgment of the High Court is set aside.
  • Judgment of the first appellate court affirming decree of Trial Court is restored.