Easement Act, 1882, Section 60, 62 -- Licence - Room given on licence - Thatch of room gutted twice and repaired twice - Not to amount to estoppel against owner - Repairs to room by defendant whether with or without knowledge of plaintiff does not establish plea of estoppel and acquiescence against plaintiff...........
Easement Act, 1882, Section 13 -- Easement of necessity - Joint owners - Property partitioned - No evidence that plaintiffs had been making use of any part of property as a passage to go to their fields - Not a case where plaintiffs had an earlier right to pass through land of defendants - Plaintiff unable to substantiate their case in terms of clause (e) i.e. if an..........
Transfer of Property Act, 1882, Section 1O5, Easement Act, 1882, Section 52 -- Lease or license - Distinction - Lease is transfer of an interest in property - The lessor parts with his right to enjoy the property during the term of the lease - If a document gives only a right to use the property in a particular way or under certain terms while it remains in possession and..........
Easement Act, 1882, Section 59, 61, 62 -- Licence - Revocation - A licence granted for raising permanent construction will become irrevocable if a construction of permanent nature, after incurring expenditure, has been raised...........
Easement Act, 1882, Section 61 -- Licence - Revocation - Express and implied - Licence stands revoked impliedly with the transfer of property under licence to a third person by the licensor...........
Easement Act, 1882, Section 61 -- Licence for life time of defendant - Transfer of property - Licence stands revoked...........
Easement Act, 1882, Section 59, 61, 62 -- Sections 59 and 61 of the Act are exceptions to the situations provided under Section 62 for deemed revocation of the licence...........
Easement Act, 1882, Section 15 -- Right to discharge drain water over the land in question - Plaintiff claimed right on the basis of such discharge for long time - Held, claim is acceptable...........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - If a person himself has acquired a right or interest in an immovable property through an instrument, the right conveyed in his favour in that instrument is not a licence...........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - Word `Licence' is interchangeable with word `Permission' - Acquisition of right or interest in immovable property is not licence - Exclusive possession given - Instrument is not licence - May be lease or conditional sale...........
