Easements Act, 1882, Section 13 -- Easement - Easement right cannot be created by reading a recitals in document by parties themselves - It has to be proved in the manner known to law as prescribed under the Act...........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
Easements Act, 1882, Section 13(d) -- Quasi easement - Apparent and continuous easements which are necessary for enjoyment of dominant tenement in the state in which it was enjoyed at the time when it was severed from servient tenement are called quasi easements...........
Easements Act, 1882, Section 13(d) -- Quasi easement - Right of way - Plaintiff transferor was enjoying plaint `B' scheduled property to access eastern public road - Alternative way noted by commissioner only enters a narrow lane, which would never disentitle plaintiff to claim right over `B' schedule way - All the ingredients of quasi easements as defined u/s 13 of the..........
Easements Act, 1882, Section 15 -- Easement - Doctrine of `lost grant' - Lost grant is a presumption from long possession and exercise of right by user of an easement with the acquiescence of owner, that there must have been originally a grant to claimant, which had been lost - However, there should be specific pleading with regard to immemorial user leading to inference..........
Easements Act, 1882, Section 15 -- Easement - Mere period of long user would not give raise to any presumption that such user was as a matter of right - Such user, even if it had continued uninterrupted for full period required by S.15 of the Act, is not sufficient in itself to create a right of easement by prescription, reason being that important element that user was a..........
Easements Act, 1882, Section 13 -- Easement by grant - Limit of easement acquired by grant is controlled only by terms of contract - Grant may be express or even by necessary implication - In either case it will not amount to an easement of necessity u/s 13 of Easement Act even though it may also be an absolute necessity for the person in whose favour grant is made...........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Path in question not depicted in revenue record nor same find mentioned in any settlement of revenue record - Only evidence which plaintiffs are leading to the effect that this path was being made Pucca by Gram Panchayat funds - However, Secretary of Gram Panchayat cannot say about khasra number..........
Easements Act, 1882, Section 15, Specific Relief Act, 1963, Section 38 -- Right to pathway - Injunction suit - Right of way given to all parties under partition deed - There was thus, no necessity for an additional pathway running through entire extent of 69 cents - Contention of defendants that they do not have an alternative pathway is absolutely false statement -..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
