Easements Act, 1882, Section 13 -- Easement of necessity - Land was gifted to parties by their mother, which shows that land was one tenement - Land is required to be cultivated by tractor and land owned by plaintiff requires passage for tractor through land of defendant - Land of plaintiff is thus, dominant and land of defendant is servient - In these circumstances,..........
Easements Act, 1882, Section 15 -- Easementary right - Artificial pressure - A mere construction of compound wall cannot be brought under purview of `artificial pressure' as envisaged u/s 15(2) of the Act, as it is only a protective measure to safeguard property from any encroachment or trespass and it will not destruct right to have lateral support by way of easement. (..........
Easements Act, 1882, Section 15 -- Easement by lateral support - When there is a large extent of property and only a small portion of property alone was subjected to artificial pressure by construction of any building or structure, that part of property alone would stand as outside the purview of S.15(2) of the Act and no easement by way of lateral support can be given in..........
Easements Act, 1882, Section 18 -- Customary easement - Defendants claimed customary easement of pathway on suit property - First appellate Court failed to draw distinction between customary rights and easement - Merely because First appellate Court failed to draw distinction between customary rights and easement, suit of plaintiff for permanent prohibitory injunction..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........
Easement Act, 1882, Section 60(b) -- Licence - Defendant having failed to prove his ownership cannot be permitted to turn around and claim that by virtue of easementary right, he had undertaken a permanent construction and, therefore, was not liable to be evicted...........
Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........
Easements Act, 1882, Section 13, 15 -- Easement - Prescriptive right of easement and easement of necessity - Cannot operate together in respect of an immovable property, as both are mutually incongruous and contradictory to one another...........
Easements Act, 1882, Section 4 -- Easement - An easement right is exercisable by a person always relating to a land not his own, which is clear ex facie from S.4 of the Act itself - Both ownership and easement right thereto cannot co-exist simultaneously...........
Easements Act, 1882, Section 4 -- Easementary right - In order to succeed in claiming a right of easement in any form provided under Act, plaintiff must establish that he either owns or occupies, in a manner known to law, dominant tenement and he fulfills, conditions required to acquire a right of easement by prescription or easement of necessity, as the case may be...........
