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2006 (5) TMI 478 - SUPREME COURT
Whether the courts below are right in giving a finding regarding extinguishment of ease mentary right without any pleading or evidence regarding the same? Whether the courts below are justified in presuming extinguishment when there is no pleading or evidence to what effect?
Whether the courts below are right in stating that to prove easement by prescription, it is necessary to show the existence of easement by necessity is a condition precedent to plead and prove easement by prescription?
Whether the courts below are erred in stating that the dominant tenement owner's right over servient tenement will get extinguished when the servient tenement's ownership transferred to another person by way of sale by servient owner?
Whether the courts below are correct in stating that the easement created got extinguished when there is no change in physical features of the property covered render that easement right as useless or unnecessary?
