Easement Act, 1882, Section 13 -- Easement of necessity - A person purchasing a plot adjoining his own land and having access to the plot through his land cannot claim a way of necessity over his vendors land of which the plot formed a Part...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Public street - Local body has no right to put up any obstruction over the public street so as to prevent access to adjoining property - Owner of adjoining property has a right to seek interim injunction for restraining such obstruction - Owner of adjoining property has a right of access at every point where his land..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Overhanging branches of trees standing in defendant's property to plaintiff's property - Plaintiff can seek mandatory injunction and the same cannot be denied on the ground that there is no evidence of any damage to the plaintiff. (Easement Act, 1882, Ss.4, 15)..........
Easement Act, 1882, Section 15 -- Essential Ingredients of easement of prescription are that the enjoyment of the right should be open, peaceful, uninterrupted and as of right for a period of 20 years ending within two years next before the institution of the suit - In the instant case words `openly' peaceably and without interruption' not used in the plaint - Use of words..........
Easement Act, 1882, Section 15 -- Easement of necessity of prescription -Plaintiff failing to prove on record that he has been enjoying path for a period of 20 years without any interruption as envisaged in S.15 of the Act - Case of plaintiff not better with regard to his claim as easement of necessity - Such a right cannot be granted merely on account of convenience...........
Easement Act, 1882 -- Easement of necessity - Is one which the law creates according to doctrine of implied grant in a particular case and is one without which dominant tenement cannot be used at all that is to say that land of plaintiff is surrounded on all sides by land belonging to third person and the only way of access is over the contiguous land of guarantor - Thus..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease and licence - Distinction - Cardinal distinction between a lease and a licence is that in the former there is a transfer of interest in immovable property to enjoy, where in the later case there Is no transfer of interest in immovable property at all - An important feature of lesee's right..........
Co-owner -- Co-owner cannot claim easementary right in respect of the land enjoyed by him as co-ownership property. (Easement Act, 1882, Ss.4, 38)..........
Easement Act, 1882, Section 60(b) -- Licence - Revocation - Defendant's possession in the nature of a licence coupled with grant and an agree-ment to transfer licenced property - Acting upon licence and promise by plaintiff that defendant would be allowed to raise construction defendant spent huge money - Licence, as such, cannot be revoked...........
Easement -- Claim of easementary right - The pleadings should be specific and precise...........
