Easement Act, 1882, Section 60 -- Revocation of license - Construction of permanent structure - Eviction suit - Construction in question was raised by defendant much before grant of licence in question - No permission or license was granted by Plaintiff or his father to defendant to execute any work of permanent character - Said construction cannot confer any right to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendants from constructing over newly craved out plots - Plaintiffs contended that light, air and approach to her plot from both the sides will be obstructed if said construction is made out - However, prima facie no case is made out that plaintiff is enjoying such rights by way of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
Registration Act, 1908, Section 17 -- Unregistered document discloses an easement by way of passage and creates some interest - Admissibility - No title or ownership over passage is created under the said document - Only irrevocable permission was accorded under it to use the existing passage by granting licence - Document does not require registration - Court to admit the..........
Easements Act, 1882, Section 52 -- Licence - Meaning - Grant of permission by person to other, a right to do or continue to do, in or upon, the immovable property of the grantor, something which would, in absence of such right be unlawful - But such right does not amount to an easement or any interest in property - Grant of licence may be express or implied, which can be..........
Easement Act, 1882, Section 7, 4 -- Right to view or prospect to one's building - Not a natural right and can never be acquired as an easement for primary reason that such a right does not fit in definition of easement u/s 4 of the Act - Even same cannot be recognized as legal right enforceable by Court of law...........
Easement Act, 1882, Section 7 -- Natural right - Rights enumerated in S.7 of Act are claimable only in respect of immovable properties in its natural situation - All these rights cannot be extended to man made constructions...........
Easement Act, 1882, Section 52, Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction for possession - Suit is maintainable if filed within a reasonable time of termination of licence and if suit is not filed within a reasonable time and is filed with unnecessary delay then suit for possession has to be filed and court fees payable..........
Easement Act, 1882, Section 59 -- License - Not binding on grantor's transferee - Where licensor transfers property to third party/plaintiff, license granted in favour of licensee/defendant with regard to that property, ceases to exist and there is no relationship of licensor and licensee between plaintiff and defendant as grantor's transferee is not bound by license...........
Court Fees Act, 1870, Section 7(v), Easement Act, 1882, Section 59 -- Ad valorem Court fees - License - Suit for mandatory injunction by grantor's transferee - Since the suit has not been filed by licensor but by subsequent purchaser, who is not bound by terms of license in view of S.59 of Easement Act, it was a simple suit for possession and Court fees becomes payable u/s..........
