Defendant equally entitled to lay underneath pipeline below suit cart track withoutcausing interference of usage of cart track by plaintiff

AIROnline 2018 Mad

Periannan v. Kumaran

Specific Relief Act (47 of 1963), S.38 - Suit for permanent injunction - Restraining defendant

from laying underneath pipeline below cart track - Plaintiff already laid underneath pipeline

for purpose of irrigating his land - Plaintiff not conveyed exclusive right over suit cart track

- Right in respect of suit cart track acquired by plaintiff as well as defendant from common

owner - No relief for restraining defendant in respect of suit cart track can be granted to

plaintiff - Defendant equally entitled to lay underneath pipeline below suit cart track without

causing interference of usage of cart track by plaintiff - Relief of permanent injunction cannot

be granted.

 (Para 15) 

A. K. Kumaraswamy Senior Counsel , S. Kaithamalai Kumaran for Peti