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 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...........
Easements Act, 1882, Section 41 -- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as they exist on date of filing of suit -..........
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,..........
Easement -- Suit for right of easement of necessity - Whether appellant and other in his family handed over khasra number through which disputed passage is sought, that is a matter to be seen by trial Court by way of evidence and to thereafter determine as to whether a right of an easement of necessity exists in favour of petitioner or not - Directions issued...........
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..........
