Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of water course - Exercise of power - Held, in cases of restoration of allegedly dismantled water course a positive finding has to be recorded before ordering restoration that water course was either sanctioned by law or sanctioned by agreement between parties or has been prescribed by way of easement..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- License - Defendants occupying the disputed premises on the basis of permission granted by its owners, without any condition to pay any rent - Held, this kind of license need not be written, signed and registered - It may be oral or it may be implied by the relationship or actions of the..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or license - No lease nor any rent deed - It is nothing more than a license, which means to give a license or permit a person to occupy when the land owner allows to do work or perform an act on the land owner's property...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -..........
Easements Act, 1882, Section 15 -- Easement - Right of way - Entitlement to - Trial Court recorded a finding that passage of 5 feet in width is in existence between the houses of plaintiffs and defendants - Trial Court has relied on the map which was admittedly filed by defendant No.1 in another suit which shows that passage in question is in existence - From perusal 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..........
Easements Act, 1882, Section 13,15 -- Easement - Prescriptive right of easement and easement of necessity - Both are contrary and inconsistent to each other and cannot co-exist...........
Easements Act, 1882, Section 13 -- Easement of necessity - Specific pleadings containing ingredients of easement of necessity is absolute necessity...........
Easements Act, 1882, Section 13 -- Easement - Right can be claimed individually to public way - But that does not mean that easement right can be given through public way - Individual rights causing obstruction to public way can be agitated in Court...........
Northern India Canal and Drainage Act, 1873, Section 30 -- Watercourse - Types of - Held, 1873 Act deals with both, authorized and unauthorized watercourse - Expression `authorized watercourse' means a watercourse made available under provisions of the Act and all other being unauthorized - S.30-F contemplates only three types of watercourses i.e. - (i) sanctioned by law -..........
