Easements Act, 1882, Section 64 -- Licence - Forceful eviction of licensee - Remedy - If a licensee is evicted even if he has a right of renewal and licensor wrongfully denies such renewal, his only remedy is to recover compensation/damages and not to resume occupation...........
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...........
Easements Act, 1882, Section 60(b) -- Changing entire flooring and installing tiles on the flooring - Held, it is not a work of permanent character within the meaning of S.60(b) of the Act...........
Easements Act, 1882, Section 64 -- Grantor transferred the property - Transferee steps into the shoes of the grantor - Held, once the property is transferred it cannot be said that the rights of the licensee are against the erstwhile owner of the property only...........
Easements Act, 1882, Section 60(b) -- Licence - Irrevocable licence - A question of fact - It is required to be pleaded and proved - Three things are to be established to claim the benefit of S.60(b) of the Act, (i) that he has executed the work of a permanent character, (ii) that he did so acting upon the licence, and (iii) that he has incurred the expenses in doing so...........
Easements Act, 1882, Section 60(b) - - Licence - Irrevocable licence - Merely because there is a work of permanent character executed by incurring expenses, would not by itself be enough to establish that the licence was irrevocable - Condition that it was so done by acting upon the licence, is also required to be established - Terms and conditions may be express or..........
Easements Act, 1882, Section 52 -- License - Only makes an action lawful which without it would be unlawful but does not transfer any interest in favour of the licensee in respect of the property...........
