Model Issue : ISSUED RELATING TO EASEMENT RIGHTS SUIT

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 ?