Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop to be run for sale of particular product and sale was to cater to needs of particular group of people, namely workers and their families residing within stated housing locality - Express condition that licence was not heritable or assignable and on expiry of period of..........
Easement Act, 1882, Section 15 -- Explanation I - Explanation I will not be attracted if the agreement is contained only for widening the pathway...........
Easement Act, 1882, Section 15 -- Defendant is not bound by any agreement entered into by the plaintiff with the brother of the defendant for widening the pathway...........
Easement Act, 1882, Section 8, 12, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Easement - Easement is a precarious and special right - Pleading for enforcement of such right must be specific - If the right to easement is not pleaded, such a plea cannot be considered...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right of passage - Injunction sought restraining defendant from interfering in right of passage - Right of passage, being claim of easement, must be specifically pleaded and prove nature of easement i.e. whether it is by grant made by servient owner in express terms, or by implied grant, or acquired..........
Specific Relief Act, 1963, Section 38, 34 -- Attempted disturbance to an easement - Suit for mere injunction is maintainable and the Court is bound to grant that relief if a case is made out and the right is established - Absence of a prayer for declaration of the right is immaterial. (Easements Act, 1882, S.35)..........
Easement Act, 1882, Section 33 -- Right of light - Plaintiff getting vertical and lateral light from north side for over 35 years - Construction by defendant obstructing such passage of light likely to cause substantial damage to plaintiff - Plaintiff being neighbour of defendant is competent to file suit and raise objection about construction...........
Easement Act, 1882, Section 33 -- Obstruction of light - Defendant's unit situated towards South side of plaintiff's unit - Defendant's plea that sun is rising in East and setting in West via Southern side therefore no question of obstruction of light from North side - Cannot be accepted because sun being vertical on the Earth, provides light to North side also all the..........
Easement Act, 1882, Section 15 -- Owner of property can make apertures in his own walls - Only exception that owner should not invade privacy of his neighbour - Person whose privacy invaded - Has right to build on his property so as to obstruct the invasion...........
Easement Act, 1882, Section 15 -- On the basis of an inchoate right or a right which has not ripened into an easement by prescription, but is merely one of user, no relief can be granted to the user of them as against the owner of the land...........
