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..........
Easements Act, 1882, Section 13 -- Easementary right - Right to way - Plaintiff pleaded in his plaint that he had been using right to way through the land of defendants since the time of his forefathers - Said period is always more than 20 years - Merely not writing the averments that this period is more than 20 years would not defeat the case of plaintiff when holistic..........
Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Easements Act, 1882, Section 13 -- Easement of necessity - To deprive a claim of necessity, alternate way must be one over which claimant has a right of access...........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Severance of tenements and non-availability of alternate access proved by plaintiff - Mere fact that adjoining property belongs to wife of plaintiff and that said property has some other access will not deprive a claim of necessity by plaintiff for access to plaint schedule property - Plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Easements Act, 1882, Section 15 -- Easement by prescription - Where claim is for an easement right, it is necessary that pleadings be specific and precise...........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Defendant denied the title of plaintiff in written statement - Admission of title of servient owner by dominant owner is one of fundamental ingredients in a claim of easement - Claim of defendant over suit property by way of easement by prescription on this ground alone rightly rejected...........
