Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiffs have not specifically claimed in the plaint that they or their predecessor-in-interest were enjoying easementary right of use of rasta in dispute for over 20 years - Use of term `last many years' is not sufficient to mean that they have been enjoying the same for last 20 years -..........
Easements Act, 1882, Section 13 -- Easement by necessity - Right of way - Vague pleadings in the plaint which do not specifically state that plaintiff had been using rasta in dispute for over 20 years - Findings of Courts below that there is an alternative way to access the Dominant Heritage which may be a little far away or longer which demolishes the easement of..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiff contended that owner of adjoining land is enjoying easementary right over rasta in dispute, therefore he cannot be denied the same benefit - However, original owner of adjoining land has specifically assigned right to use said rasta to present owner and not to anyone else - Plaintiff..........
Easements Act, 1882, Section 15 -- Easement - Right of way - Plaintiff contended that he acquired easementary right under sale deed - However, property owned or possessed by plaintiff originally belonged to original owner which was acquired by Government - No evidence on record that government ever transferred any easementary right over rasta in dispute to auction..........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Broadly speaking Commissioner can be appointed in cases viz. (i) Dispute relating to easement of air, light, pathway, road, watercourse, etc.; (ii) Dispute relating to boundary, encroachment; (iii) Dispute relating to forgery; (iv) Dispute relating to the existence or otherwise of a stream, pond,..........
