AIR 1958 MADHYA PRADESH 341 ::1958 MPLJ 674 ::1958 JabLJ 543

Madhya Pradesh High Court

Hon'ble Judge(s): T. C. Shrivastava , J

Easements Act (5 of 1882) , S.24, S.36— Obstruction by servient owner - Rights of dominant owner. Penal Code (45 of 1860) , S.426, S.97— The acts contemplated to be done by the dominant owner in S. 24 are such acts as art necessary to secure the enjoyment of the easement proper to him. Section 24 has reference to "accessory rights" only and does not give a right to remove direct obstruction wilfully placed by the servient owner. The obstruction placed by the servient owner may be wrongful. Still, the dominant owner has no right to remove it. The fact that the dominant owner had obtained a decree does not improve his position and S. 36 will still continue to apply. The remedy available to the dominant owner who has obtained a decree would be either to have the opposite party punished for flouting the injunction against him or to file a suit for mandatory injunction to remove the obstruction. His action in removing the obstruction amounts to mischief under S. 426, I. P. C. The obstruction to the easement of light and air could not give a right of private defence of property. Case law discussed.(Para 3 5 7) Anno: AIR Man., Easements Act, S. 24 N. 1; S. 35 N. 1; Penal Code, S. 426 N. 1; S. 97 N. 5. .....