CLAT 2011 Question Paper with answer key for online practice
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Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.
Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.
Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable employment of his or her land.
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Question : 197 of 200
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Shazia Case:
Shazia owns a single storeyed house in Ahmedabad which has been in her family for more than 75 years. The foundation of the house cannot support another floor and Shazia has no intention of demolishing her family home to construct a bigger building. Javed and Sandeep are business partners and own three storey houses on either side of Shazia’s house. Javed and Sandeep are also Ahmedabad’s main distributors for a major soft drinks company. They have erected a huge hoarding advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia’s house at 70 feet and casts a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, going up to 75 feet, on her roof. She files a case, asking the court to order Javed and Sandeep to remove the hoarding for all these reasons.
Applying only Rule B to Shazia’s case, you would decide in favour of:
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