Easements Act, 1882, Section 15 -- Easement by prescription - Right of pathway - Plaintiff failed to establish through oral and documentary evidence that he has acquired right over suit pathway by way of easement by prescription - He has suppressed the fact that he is having alternative pathway to reach P3 land - Therefore, there is no necessity for plaintiff to use..........
Easements Act, 1882, Section 13 -- Easement of necessity - To establish an easement right u/s 13 of the Act, one must plead and prove that suit property is a servient tenement to property owned by other side as dominant tenement - Additionally, plaintiff must plead and prove to establish that both tenements were previously held together and a single tenement's severance..........
Easements Act, 1882, Section 13 -- Easement of necessity - An easement of necessity cannot be granted solely on the ground of convenience or advantage - Whether absolute necessity exists or not needs to be determined based on specific circumstances and environment of each case - One has to establish that by disposition, tenement was disintegrated, either through transfer,..........
Easements Act, 1882, Section 13 -- Easement of necessity - Mere pleading that there is no alternative way to enter the property is insufficient to establish an easement of necessity - An easement of necessity arises through severance and can be either expressed or implied - Foundation upon which statute recognizes an easement of necessity is unity of title of a property..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff is claiming only easementary rights over the second item of suit property, which is a common pathway - He has not purchased the common pathway - It is the defendant who is claiming right over second item of suit property, but he has not filed any documents to prove the same - Claim of defendant is..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff's predecessor in interest was given right to use pathway and it includes right to carry the cattle along with them - Unless the right to carry the cattle is allowed, it may not be possible for parties to use the pathway as access to reach their agricultural land and carry out agricultural operations..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
