Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Permission given to exhibit films in the theatre without interest in cinema theatre - Held, it amounts to licence and not lease though document is titled as lease...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 60 -- Tenancy right - Construction of - Refusal to use irrevocable licence - Validity of - Plaintiff was tenant of first floor of premises - Permitted to use roof top and garden but not as part of her tenancy right - Intention of parties was never to create irrevocable licence in favour of..........
Easement Act, 1882, Section 13, 28, 41 -- Easement of necessity - Right of way - Easement of necessity is one without which property cannot be used at all - Test to determine easement of necessity is not convenience but absolute necessity - Easement is co-extenisve with necessity as it existed when easement was imposed - Easement of necessity is extinguished when necessity..........
Land Acquisition Act, 1894, Section 16 -- Acquisition of land - Easement of right of necessity like a right of passage enjoyed by adjoining land owner do not extinguish by reason of acquisition of land by State authority...........
Easement Act, 1882, Section 52, 59, 62 -- License - When licensee dies, license also dies with him and thereafter his legal representatives hold as mere trespassers - Licensee by enjoying license for any length of time, cannot acquire right adverse to that of licensor - Exclusive possession of licensee does not militate against concept of licence if the circumstances and..........
Easement Act, 1882, Section 60 -- Licensee - Eviction order passed - Not invalid - Licence can be terminated at any time...........
Easement Act, 1882, Section 15 -- Easement of way by prescription - Absence of pleading - Oral evidence adduced to prove the easement by prescription to be ignored...........
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..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and Licence - Difference - Difference between a `lease' and `licence' is to be determined by finding out the real intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances - Conduct of the..........
Civil Procedure Code, 1908, Section 100, Easement Act, 1882, Section 15, 18 -- Easementary right of prescription - Pleadings - Specific plea of easementary right by prescription was taken by plaintiff - Issue also framed - No objection was taken by defendant to framing of issue - On basis of evidence trial Court found that plaintiff was continuously using land as passage..........
