In Brief
The appellants sought an injunction against the defendants from using a pathway and claimed exclusive use rights. The Supreme Court examined a right of passage granted in a 1976 sale deed. The Court held that while the recital was generic in nature (as is customary in deeds), it nevertheless constituted a grant of easement right to the defendants. The Court found that such rights, once granted in a document of title, do not extinguish under Section 41 of the Indian Easements Act. The High Court judgment was found to suffer from manifest error and was reversed, allowing the appeals.
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