Showing : 1-10 of 17 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is..........
KERALA HIGH COURT
Year of decision: 2018
Details
Easements Act, 1882, Section 4-- Easementary right - In order to succeed in claiming a right of easement in any form provided under Act, plaintiff must establish that he either owns or occupies, in a manner known to law, dominant tenement and he fulfills, conditions required to acquire a right of easement by prescription or..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38, 39-- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 37, 38, Easement Act, 1882, Section 13-- Restraining defendants from blocking `Pahi' - Existence of `Pahi' duly proved - `Pahi' the only source of ingress and egress to the land of plaintiff - `Pahi' left at the time of purchase of land which is used by plaintiff as easement of necessity - No other `Pahi' attaching the land of plaintiff..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Easements Act, 1882, Section 15-- Easement by necessity - Right to use cart track given by way of grant in partition deed - Cart track passed through lands of defendants and used by plaintiffs to reach to their property - Use of cart track admitted by defendants - Usage of such cart track was more than 20 years - Therefore, there..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at the stage of second appeal - Plaintiff lost in both the Courts below - Plaintiff filed suit for permanent injunction to restrain defendant from interfering in his possession, and for mandatory injunction directing defendant to open access to suit land from adjoining..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Easement Act, 1882, Section 13, 15-- Easement by way of necessity - Plaintiff is required to plead that at some given point of time the two tenements were held by one person and owing to transfer or bequest of one of the tenements it became essential for the enjoyment of one tenement to have an elementary right over the other..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Easements Act, 1882, Section 13, 41-- Easement of Grant - It is matter of contract between parties - Parties are governed by terms of grant and not anything else - Grant may be express or by necessary implication - It cannot become easement of necessity u/s 13, even though it may be an absolute necessity for the person in favour grant..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Easements Act, 1882, Section 13, 41-- Easement - Acquired by grant, or of Necessity - Distinction - Easement aquired by grant - Matter of contract between parties. Parties are governed by terms of grant and not anything else. Grant may be express or by necessary implication. Does not depend upon absolute necessity. May be absolutely..........

Showing : 1-10 of 17 Results