2016 (11) TMI 1675

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er the cart track in the suit B-Sschedule property. However, the defendants attempted to destroy the cart track in B-Schedule and cultivate the same. The plaintiff objected to such attempt and gave a complaint before the Police. Hence, the present suit is filed with the relief as stated supra. 3. The defendants 1 and 2 filed their written statement. The 3^rd defendant purchased the B-Schedule property along with other properties from the defendants 1 and 2 during the pendency of the suit and got himself impleaded as the 3^rd defendant in the suit and filed a separate written statement, however, in line with the written statement already filed by the defendants 1 and 2. Thus, the contention of the defendants are as follows: No such cart track is in existence in the B-Schedule property. The plaintiff's predecessors in title had not acquired any easementary right over any cart track by way of the agreement dated 07.03.2005. The 8 cents of land shown as B-Schedule property is not a cart track and the defendants 1 and 2 did not convey any easementary right over the same to the plaintiff's predecessors in title under the agreement dated 07.03.2005. The defendants are doing agr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... right or title on the property was conveyed on the vendors of the plaintiff except easementary right. Even otherwise, Ex.A1 was not acted upon and even assuming so, it got revoked, the moment the B-Schedule property was sold to the 3^rd defendant. The vendors of the plaintiff were not examined by him since they are the proper parties to speak about Ex.A1. He further contended that though the defendants 1 and 2 remained exparte after filing their written statement, the 3^rd defendant, being the purchaser pendente lite is entitled to defend the suit. In support of such contention, learned counsel relied on the decision of the Apex Court reported in 2013(2) CTC 104 (Thomson Press (India) Ltd. vs. Nanak Builders & Investors P. Ltd.). 8. Mr.A.K.Kumarasamy, learned counsel appearing for the 1 st respondent submitted as follows: The plaintiff's vendors got the easementary right through Ex.A1 and the plaintiff purchased A-Schedule property along with such easementary right over the B-Schedule property from his vendors. The recitals under Ex.A1 is very clear that the defendants 1 and 2 cannot transfer such right conferred on the vendors of the plaintiff to any third parties....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rties to the above said agreement namely, the vendors of the plaintiff have admittedly conveyed their agricultural lands referred to in the said agreement to the plaintiff by way of three sale deeds. The above said agreement under Ex.A1 is a registered document. 11. Learned counsel for the appellant mainly contended that an easementary right cannot be transferred since the same is as prohibited under Section 6(c) of the Transfer of Property Act, 1882. Therefore, he submitted that the vendors of the plaintiff have no right to transfer such easementary right conferred on them under Section Ex.A1 by the defendants 1 and 2. 12. Let me consider whether the above contention of the appellant's counsel is legally sustainable. Section 4 of the Indian Easements Act,1882, defines "Easement" as follows: "An easement is 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. Dominant and servient heritages and owners: - The land for the beneficial enjoym....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....evered from the unity of ownership will pass to the transferee unless a contrary intention is expressed or implied in the instruments of transfer." Likewise, AIR 1924 Madras 812 (Ruckmani v. Veerasami), it has been observed as follows: "Held: that unless there was a stipulation to the contrary at the time of the transfer the transferees were entitled to the same facilities of irrigation that used to be attached to the land transferred before it was transferred." Therefore, from the above discussion of the position of law and the decisions rendered by this Court earlier, I am of the view that the contention of the learned counsel for the appellant cannot be sustained. The lower appellate Court has rightly decreed the suit taking into consideration of the existence of Ex.A1 agreement followed by the sale deeds marked as Exs.A2 to A4 in favour of the plaintiff. 16. One more aspect to be noted in this case is that the defendants 1 and 2, who are the parties to the agreement under Ex.A1, though filed their written statement, have, however, not chosen to contest the matter latter. They remained exparte. They were not even examined as witnesses on the side of the defenda....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....®°à¯ அலுவலகத்தில் 1 புத்தகம் 303 தொகுதி 169 முதல் 171 வரை பக்கங்களில் 2005ம் ஆண்டின் 16 எண்ணாகப் பதிவாயிருக்கும் ரையாசனத்தின் படி தனிமையில் . சுயரார்ஜித வகையில் சர்வசுதந்திரமாய்ப் பாத்தியப்பட்டதும. 1. 2 இ லக்கமிட்டவர்கள் சுவாதீன அனுபவத்திà....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....¿à®Ÿà¯à®Ÿà®µà®°à¯à®•à®³à¯à®•à¯à®•à¯à®ªà¯ பாத்தியப்பட்ட கீழ்கண்ட வண்டித்தடத்தின் வழியாக நம்மில் 3. 4. 5. 6இலக்கமிட்டவர்கள் க்ஷை சாலைகளில் உள்ள விவசாய பூமிகளுக்கு வண்டி. லாரி. சுகல வாகனங்கள் ஓட்டிப்போய் வரவும். கால்நடைகள் ஓட்டிப்போய் வரவும். கால்நடà¯....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....சுகளுக்கும். நாம் யார் ஒருவர் விவசாய பூமியினை விற்பனைசெய்தாலும் அவர்களுக்கும் இந்த விவசாய வண்டித்தடத்தின் பாத்தியம் உண்டு, கீழ்கண்ட சொத்து நம்மில் 1.2 இலக்கமிட்டவர்களுக்கு அடிநிலம் முழுவதும் சொந்தமாகும், நம்மில் 3. 4. 5. 6 இலகà....