ISSUED RELATING TO EASEMENT RIGHTS SUIT

  1. Whether the plaintiff proves that he has eight of way over the property of the defendant, as alleged ?
  2. Whether the plaintiff proves that he has right of air and light through the property of the defendant, as alleged ?
  3. Whether the plaintiff proves that he has right to drain the rain water from his property over the defendant’s property, as alleged ?
  4. Whether the plaintiff proves that he has right to project the eaves of his roof over the property of the defendant, as alleged ?
  5. Whether the plaintiff proves that he has right to drain his house hold water through the property of the defendant, as alleged ?
  6. Whether the plaintiff proves that he has acquired this right of easement by way of prescription/by immemorial user/by way of last grant ?
  7. Whether the plaintiff proves that he has right to take water from the defendant’s well ?
  8. Whether the plaintiff proves that he is enjoying this right of easement openly, peacefully and without interruption for a continuous period of more than 20 years ?
  9. Whether the plaintiff proves that he is enjoying this right as an easement continuously for a period of 20 years immediately preceding the date of the Suit ?
  10. Whether the plaintiff proves that he has obtained this right by way of easement of necessity ?
  11. Whether the plaintiff proves that the defendant is obstructing him in peaceful enjoyment of his easementary right ?
  12. Whether the plaintiff is entitled to get permanent injunction as prayed for ?
  13. Whether the plaintiff is entitled to get relief as prayed for in para of the plaint ?
  14. What order and decree ?

 

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