Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Terms and conditions contained in document show that possession was to remain with plaintiff though keys were kept with defendant - Only due to this circumstance inference cannot be drawn that it was transaction of lease - From the evidence on record and previous admissions..........
Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 52 -- Mandatory injunction - Licensee - Suit for mandatory injunction for vacation of property is maintainable if suit is filed with promptitude and within a reasonable time after termination of licence or permissive occupation...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and License - Distinction - If a contract gives exclusive possession of premises against all the world, including the owner, it is a `lease', but if it merely confers a privilege to occupy the premises under the owner, it is a `License'- In other words, the transaction is a lease if it..........
Easement Act, 1882, Section 52 -- License - The `License' does not entitle the licensee to sue stranger in his own name and it can be determined when the grantor makes an assignment of the subject matter...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Principles governing culled out in AIR 1999 SC 2607 reiterated...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- License - Self acquired property - Son and daughter-i, law allowed to reside in the house and such right is that of a licensee - License is terminable at the will of licensor - Notice issued whereby license terminated - Decree passed in suit for mandatory injunction to hand over vacant..........
Easements Act, 1882, Section 15(3) -- Easement of necessity - Plaintiff having alternative passage to her house - Held, there is no question of easement of necessity...........
Easements Act, 1882, Section 15(3) -- Easement by prescription - Government land - Right to way - For claiming easement by way of prescription over Government land, thirty years period is required - Since period of thirty years has not elapsed, appellant is not entitled to claim easement by way of prescription over government land...........
Easements Act, 1882, Section 4, 15 -- Easement of necessity - Grant of - Alternative way is available to plaintiff to approach his house apart from passage in dispute which was not being used by him - Held, plaintiff cannot be granted easement of necessity as an alternative passage is available to him...........
Easements Act, 1882, Section 33 - - Violation of easementary rights - No damage in the case of an easement right to free passage of light and air is actionable unless it is substantial and has the effect of materially interfering with physical comfort of the plaintiff though not injurious to health...........
