Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Indian Easements Act, 1882

Wednesday, August 31, 2011
Indian Easements Act, 1882

Indian Easements Act, 1882 — Section 52 — License — The definition of licence makes it clear that a licence granted by the owner enables a licensee a right to do or continue to do certain specified things in or upon an immovable property.

Thursday, May 20, 2010
Indian Easements Act, 1882

Indian Easements Act, 1882 — Easement of necessity — Necessarily involves an absolute necessity — If there exists any other way, there can be no easement of necessity — Justiniano Antao & Ors. vs. Smt. Bernadette B.Pereira [2005 (1) SCC 471] distinguished.

Indian Easements Act, 1882

Indian Easements Act, 1882 — Section 13(b) — Easement by way of grant — Implied grant — The parties to the cause executed a settlement deed as per the directions of the deceased, YA — As per the settlement, the Schedule ‘A’ property of the plaint was allotted to the original plaintiff — Allegedly, the ‘B’ schedule pathway of the plaint was granted to the original plaintiff as easement right by the said YA and the original plaintiff continued to use it as such from time immemorial — It is also alleged that other than ‘B’ schedule pathway, there is no other means of direct or indirect access to ‘A’ schedule property of the plaint from any road or pathway — It is contended by appellants/defendants that there was no mention in the deed of settlement enabling the use of ‘B’ schedule pathway for access to ‘A’ schedule property and the building therein — Whether there can be easement of grant by implications? — Held, yes — There was implied grant of ‘B’ schedule property as pathway, which can be inferred from the circumstances for the reason that no other pathway was provided for access to ‘A’ schedule property of the plaint and there was no objection also to the use of ‘B’ schedule property of the plaint as pathway by the original plaintiff — Annapurna Dutta vs.Santosh Kumar Sett & Ors.[AIR 1937 Cal.661] discussed.  

Indian Easements Act, 1882

Indian Easements Act, 1882 — Section 13(b) — Easement by way of grant — Implied grant — No case was made out by the plaintiffs/respondents in their plaint about the easementary right by implied grant — And no specific issue on the question of implied grant framed — Whether decree can be passed by the trial court basing their conclusion on implied grant? — Held, yes — Trail Court, in the present case, was justified in holding that such pleadings were not necessary when it did not make a difference to the finding arrived at with respect to the easement by way of grant.

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