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Results of easement

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Showing : 21-30 of 243 Results

KERALA HIGH COURT

Year of decision: 2019
Details

Easements Act, 1882, Section 15 -- Easement by lateral support - When there is a large extent of property and only a small portion of property alone was subjected to artificial pressure by construction of any building or structure, that part of property alone would stand as outside the purview of S.15(2) of the Act and no easement by way of lateral support can be given in..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Easements Act, 1882, Section 18 -- Customary easement - Defendants claimed customary easement of pathway on suit property - First appellate Court failed to draw distinction between customary rights and easement - Merely because First appellate Court failed to draw distinction between customary rights and easement, suit of plaintiff for permanent prohibitory injunction..........

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 erroneous, as property in..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Easement Act, 1882, Section 60(b) -- Licence - Defendant having failed to prove his ownership cannot be permitted to turn around and claim that by virtue of easementary right, he had undertaken a permanent construction and, therefore, was not liable to be evicted...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........

KERALA HIGH COURT

Year of decision: 2018
Details

Easements Act, 1882, Section 13, 15 -- Easement - Prescriptive right of easement and easement of necessity - Cannot operate together in respect of an immovable property, as both are mutually incongruous and contradictory to one another...........

KERALA HIGH COURT

Year of decision: 2018
Details

Easements Act, 1882, Section 4 -- Easement - An easement right is exercisable by a person always relating to a land not his own, which is clear ex facie from S.4 of the Act itself - Both ownership and easement right thereto cannot co-exist simultaneously...........

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 easement of necessity, as the case may be...........

KERALA HIGH COURT

Year of decision: 2018
Details

Easements Act, 1882, Section 4, 52 -- Easementary right - When there is a specific challenge in respect of plaintiff's right over dominant tenement, certainly it becomes his bounden duty to establish ownership or occupation, as the case may be, because that is essential for conferring a right of easement on him under the Act...........

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 is trying to raise construction..........

Showing : 21-30 of 243 Results