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...........
Easements Act, 1882, Section 4, 52 -- Easementary right - When there is a specific challenge in respect of plaintiff's right over dominant tenement, certainly it becomes his bounden duty to establish ownership or occupation, as the case may be, because that is essential for conferring a right of easement on him under the Act...........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Easements Act, 1882, Section 15 -- Permissive user - Right of way - When user is merely permissive, it cannot be said that its use is `as of right' because right of way should be peaceably and openly enjoyed by claimant as an easement and as of right, without interruption for 20 years...........
Easement Act, 1882, Section 60(b) -- Irrevocable licence - Payment of electricity bills, water bills and house tax bills for suit property, while staying in it, only shows taking care of maintenance and upkeep of property but that does not give any right u/s 60(b) of the Act of irrevocable licence being granted...........
