Easements Act, 1882, Section 31 -- Easement - There is no right of easement to discharge polluted water from the drain pipe of one's house or property to canal passing through another person's land - Discharge of polluted water causing nuisance or pollution to servient heritage is an excessive user of an easement and in that case servient owner has the right to obstruct..........
Easement Act, 1882, Section 60(a), (b) -- Licence - Is revocable unless the case falls u/s 60(a), (b) of the Act - However, parties by an agreement can make a licence irrevocable even if it is not covered by said provision, as S.60 of the Act is not exhaustive...........
Easement Act, 1882, Section 60(a), (b) -- Licence - Permission to construct shed for workshop - Suit for recovery of property - No specific plea regarding benefit of S.60 of the Act is raised by defendant - Nor any evidence is adduced to show that permission granted to defendant was coupled with transfer of property and that such transfer is in force or he acted upon such..........
Easements Act, 1882, Section 15 -- Easement - Right of way - Suit land belongs to Government - Plaintiff constructed four shop rooms covering major portion of frontage of homestead land - Plaintiff also having other way to approach homestead land - Held, plaintiff cannot claim easementary right over suit land...........
Easements Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 39 -- Customary easement - Right of using edges of each other fields for going to their respective fields by agriculturists is a customary right - Custom of use of `maind' in the village by villagers to have access to each others agricultural lands sufficiently pleaded and proved - Said custom is..........
Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........
Easement Act, 1882, Section 60 -- Revocation of license - A licence unlike a contract creates no mutual obligation and rights between parties and it may be revoked u/s 60 of the Act, except when it is one which falls within exception mentioned in the said provision...........
Easement Act, 1882, Section 60 -- Revocation of license - Construction of permanent structure - Eviction suit - Construction in question was raised by defendant much before grant of licence in question - No permission or license was granted by Plaintiff or his father to defendant to execute any work of permanent character - Said construction cannot confer any right to..........
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 such rights by way of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
