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 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 13, 15 -- Easement of necessity and easement by grant or prescription - Easement of necessity is not contemporaneous with that of an easement by grant or prescription - But would act as an alternative easement when absolute necessity comes out in the event of rejection of claim of prescriptive easement, easement by grant or easement by lost..........
Easements Act, 1882, Section 13, 15 -- Easement of necessity and easement by grant or prescription - There cannot be a simultaneous granting of an easement of necessity along with easement or prescription or easement of grant - But that does not mean that easement of necessity cannot be raised along with an easement of prescription or easement of grant - When there is..........
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..........
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...........
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..........
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..........
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 cannot be any denial of right to use the..........
Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........
