Easements Act, 1882, Section 35 -- Easementary rights - Injunction restraining disturbance - Plaintiffs have claimed right of way - Use of way was for more than 20 years, apparently, it was open and without obstruction - Plaintiff thus, discharged burden of establishing their long standing use of pathway which is nothing but easementary right by prescription - Concurrent..........
Easements Act, 1882, Section 13 -- Easement of necessity - Not to be granted on ground of convenience and consistence but solely on ground of easement of necessity...........
Easements Act, 1882, Section 13 -- Easement of necessity - When there are other way to ingress and egress, easement of necessity cannot be claimed merely on ground that other ways are inconvenient, as right of way as easement of necessity implies that there is no other means of access however, inconvenient...........
Easements Act, 1882, Section 13 -- Easement of necessity - When dominant tenement cannot be enjoyed without imposing a burden on servient tenement, then question of easementary does not arise...........
Easements Act, 1882, Section 13 -- Easement of necessity - Plaintiff claiming easementary right over property belonging to defendant - However, evidence on record reveals that there was an alternative pathway to reach land belonging to plaintiff - Plaintiff thus, not entitled for easementary right over property as claimed by him...........
Easements Act, 1882, Section 15 -- Easement by prescription - Holder of an easement by grant cannot acquire an easement by prescription unless he abandons former right...........
Easements Act, 1882, Section 13, 15 -- Easement - Acquired by grant or by prescription - Both are separate and distinct rights - No one can have a dual easement in same servient tenement - One cannot take an easement by prescription without dropping easement by grant 20 years ago...........
Easements Act, 1882, Section 52 -- Licence - Mere permission given to hold property or to possess the same without having a right of possession would constitute only a licence...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........
Easements Act, 1882, Section 15 -- Easement by prescription - Survey Commission based on imaginary line not essential, but absolutely unnecessary in a suit based on easement or a simple suit for injunction based on easement...........
