Once property is alienated showing adjacent property as pathway, thereafter, vendor would not have any right over said pathway - Vendor cannot retain any portion of appurtenant separately and alienate it to his whims and fancies to third parties.

Citation

AIROnline 2022 Mad 714

Madras High Court

(MADURAI BENCH)

R. VIJAYAKUMAR , J.

S.A.(MD). - 234 of 2019 D/- 11 - 3 - 2022

Sekar and Ors. v. Murugan and Ors.

Specific Relief Act (47 of 1963), S.34, S.38 - Suit for declaration and injunction - Restraining

defendants from interfering with plaintiffs common right of pathway over plaint schedule

property by constructing any building or obstructing 15 feet common pathway - Plaintiff

purchasing property by sale deed in which eastern boundary is shown as 15 feet pathway - No

indication that some portions of pathway in northern side is retained by defendant - However

in other sale deeds, defendant inserting recital that he has retained some portions in schedule

property - Once property is alienated showing adjacent property as pathway, thereafter, vendor

would not have any right over said pathway - Pathway becomes appurtenant to properties sold

- Vendor cannot retain any portion of appurtenant separately and alienate it to his whims and

fancies to third parties, thereby affecting right of parties who have already purchased property

with appurtenance - Plaintiff entitled to grant of injunction.

 (Paras 16 , 17)