Easement Act, 1882, Section 13, 15 -- Two provisions of Ss.13 & 15 of the Act are independent provisions providing for easementary rights on different nature of rights - Whereas S.13 of the Act provides for easements of necessity and quasi easements, S.15 provides for easements by prescription - Both the provisions are independents provisions and there is no overlapping of..........
Easement Act, 1882, Section 13, 15 -- Easementary rights available under both the provisions of Ss.13 & 15 of the Act - It is open to claim parallel rights - Rights created under S.13 have nothing to do with the prescriptive rights u/s 15 - Even if easement of necessity is not available in law to the plaintiff, it is not necessary that plaintiff must fail for claiming..........
Easement Act, 1882, Section 15 -- Right of way by easement of prescription - Ingredients to be satisfied are : (a) right must be certain, (b) it must have been enjoyed, (c) the enjoyment must be independent, and (d) it must be peaceably and openly as of right without any interruption for more than 20 years...........
Easement Act, 1882, Section 15 -- Right of way of easement of prescription - Finding of Appellate Court that an alternate way is available by crossing a big Nullah - Trial Court clearly held that Nullah is a big Nullah and it is difficult to believe that farmers would be able to go to their respective fields with bullock-carts and luggage during rainy season when the..........
Easement Act, 1882, Section 35 -- Easement rights - Injunction restraining disturbance - Drainage of water and right of light and air - On appellant's property abetting respondent's property there was a small room - Water from roof used to flow into open land belonging to respondent - Earlier entire property belonged to second respondent - sale to both appellant and..........
Easement Act, 1882, Section 13 -- Easement of necessity - A portion of dry land sold - Easement of necessity claimed to draw water for irrigation from the well situated in the portion of land retained by seller - Land in question dry land without any assured source of irrigation - Nothing to show that the entire land before sale was being irrigated with well water -..........
Easement Act, 1882, Section 15 -- Easementary right by prescription - No evidence to show that defendants used the water from the well situated in plaintiffs land continuously for more than 20 years to irrigate the portion of land sold to them by plaintiff - Requirement of S.15 not therefore satisfied - Claim to draw water from plaintiffs well on that ground rejected...........
Easement Act, 1882, Section 17 -- Prescriptive easementary right - Underground water - To acquire such a right, underground water must be passing in a defined channel - Acquisition of right by prescription to underground water of a well not passing through a defined channel not contemplated under the provision - Claim for well water under S.17 rejected...........
Easement Act, 1882, Section 4, Transfer of Property Act, 1882, Section 8, 19, 11, Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 47 -- Right of way - Injunction decree to prevent interference - Such easementary right is statutory right and is right in rem - Transfer of servient heritage by J.D. does not extinguish right, rendering decree..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature is not relevant - It is nature of allotment which is relevant to decide whether it is lease or licence...........
