Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - House given to wife's brother for management who gave lower portion of the house to one in his brotherhood - House was to be vacated on mere asking and rent was not chargeable - Held, it amounts to licence and not lease...........
Easement Act, 1882, Section 60 -- Licence - Raising of `Pakka' construction - Does not make license irrevocable in absence of any condition in the license that the licensee is permitted to raise `Pakka' construction - It is necessary to plead and prove that construction was carried out in pursuance of the agreement, in order to make a licence irrevocable...........
Easement Act, 1882, Section 13 -- Easement of necessity - Right to light and air - Houses originally belonged to a family - Present parties purchased the houses - Right to receive air and light claimed falls under Section 13 of the Act as an easement of necessity and not under S.15 which deals with acquisition of easement by prescription - Suit dismissed by Courts below..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier suit claiming right of pathway not complying with provisions of O.7.R.3 - Suit dismissed as not pressed - Not a bar to later suit containing necessary averment for establishment of easement right with schedule as required by O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier suit claiming right of pathway not complying with provisions of O.7.R.3 CPC - Suit dismissed as not pressed - Later suit claiming easement right containing necessary averments for establishment of easement right - No contention regarding maintainability of suit in written statement nor plaint of earlier suit produced..........
Haryana Canal and Drainage Act, 1974, Section 24, 2(12), 2 -- Restoration of dismantled watercourse - Merely because water outlet/naka in existence and there were some remains of dismantled watercourse - Does not entitle to get watercourse restored unless and until Authorities arrive at the conclusion with regard to dismantled water-course, whether it was a sanctioned..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - If any interest on immovable property entitling the transferee for enjoyment is created, the same is lease and not a licence - If permission to use the land without exclusive possession alone is granted, the same amounts to licence...........
Lease or licence -- To determine whether a document is licence or lease (1) the substance of the document must be preferred to the form; (2) Real test is the intention of the parties whether they intended to create a lease or a licence; (3) If the document creates an interest in the property, it is a lease, but if it only permits another to make use of the property, of..........
Civil Procedure Code, 1908, Section 96, Easement Act, 1882, Section 13, 15 -- Pathway right suit - Declaration and permanent injunction - Injunction restraining defendant from interfering with plaintiff usage of pathway - Existence and common enjoyment of pathway admitted by defendant - Plaintiff proving her case with preponderance of probability - Plea of right of issue..........
Criminal Procedure Code, 1973, Section 147 -- 'Right of user' - Means any dispute relating to a recurring right in the use of the land or water whether the right is claimed by a person in possession or not and such right is not limited to right of easement proper...........
