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..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property is appurtenant to residential abadi land of plaintiff and is used as their sehan - Plaintiff has not claimed a right based on easement but have merely said that if injunction is not granted, their easement would be violated - Possession of plaintiff over..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claim of plaintiff over `D' Scheduled pathway was based on the easement by grant and would be seen prima facie - In such situation refusal to grant interim injunction would cause irreparable injury to plaintiff and thus, balance of convenience is also in favour of plaintiff - Contention of defendant..........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Path in question not depicted in revenue record nor same find mentioned in any settlement of revenue record - Only evidence which plaintiffs are leading to the effect that this path was being made Pucca by Gram Panchayat funds - However, Secretary of Gram Panchayat cannot say about khasra number..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to relief of permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement and as such even if issue is not framed, question of granting consequential relief of injunction can be considered, particularly when parties go to trial with..........
Specific Relief Act, 1963, Section 38(3)(d) -- Permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement - Once plaintiff having established easementary right over suit land, then order to enjoy that declaratory decree consequential relief of permanent injunction ought to have been in his favour, otherwise, it would give..........
Easements Act, 1882, Section 35 -- Easementary rights - Suit for mere injunction complaining of disturbance of easement without claiming relief of declaration is maintainable as prayer of declaration is implicit in prayer of injunction...........
Easements Act, 1882, Section 15 -- Easement by prescription - Survey Commission based on imaginary line not essential, but absolutely unnecessary in a suit based on easement or a simple suit for injunction based on easement...........
