Easements Act, 1882, Section 4 -- Right of passage - Not dependent on ownership...........
Easements Act, 1882, Section 52 -- Licence - Meaning - Grant of permission by person to other, a right to do or continue to do, in or upon, the immovable property of the grantor, something which would, in absence of such right be unlawful - But such right does not amount to an easement or any interest in property - Grant of licence may be express or implied, which can be..........
Easements Act, 1882, Section 60(b) -- Irrevocable Licence - Merely because the defendant-licensee has made permanent construction in the land in question will not by itself bring that the arrangements come within the scope and ambit of S.60(b) of Act...........
Easements Act, 1882, Section 60(b) -- Permanent or temporary and transient arrangement - Specific provision in the agreement regarding demolition and removal of constructed structure clearly show that the licensee had fully known that the arrangement agreed to by both parties is only temporary short term period - Licensee cannot claim protection u/s.60(b) of Act...........
Easements Act, 1882, Section 62(c) -- License - An agreement for license can be created for a limited period as there is no embargo to create license for a particular period...........
Easements Act, 1882, Section 64 -- License - For a period of 10 years - Premature revocation prior to expiry of 10 years give rise to a right to the licensee and such right of action is limited to the right of claiming damages...........
Easements Act, 1882, Section 64 -- License - For a period of 10 years - Premature revocation - Even when a licensee has been thrown out forcibly by licensor after making demand for surrender of vacant possession it cannot be said that licensee can still protect his possession through a suit - In such a case licensee may be able to succeed in a litigation for damages u/s 64..........
Easements Act, 1882, Section 61 -- Revocation of license - May be express or implied - Licensor was contending from beginning that license was revoked - In such a case, in absence of any document to prove such revocation, it has to be treated as an implied revocation within meaning of S.61 of Act - Moreover when licensee himself admitted that licensor had demanded vacant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Easements Act, 1882, Section 52 -- Licence - Renewal - Sole discretion of defendant to renew the licence - Plaintiff cannot force defendant to renew the licence...........
