there is a customary easement and easement by prescription. The lower courts themselves were not sure about the particular easement claimed and proved ... page 986, states the law thus :
"Easement -- A party claiming or relying on an easement should plead the nature of the title thereto
whether necessary pleadings
constituting a right of easement of necessity and easement
by prescription were pleaded and whether finding of the
first appellate court ... appellants have that right either
easement of necessity or by easement of prescription, appellants have
precisely and clearly pleaded the nature of the claim
presumption, however, the Plaintiff has pleaded
about the enjoyment of pathway and also pleaded about the easement of
necessity. Though there is no specific pleading ... about the pleadings and evidences adduced by them. Therefore, it
cannot be said that there are no pleadings in respect of ‘easement right’.
Therefore
easement by
grant, easement by prescription, and easement by necessity,
which operate in different sets of facts. He further contends that
the question of easement ... however, decreed the suit on
the ground of easement by necessity. No easement by necessity
was pleaded by the plaintiff before the trial court
appellants' property with an injunction when the
plaintiff had not pleaded easement is unfortunate. She would further
state that, having denied title, the Court ... with a liability,
when the same has not been pleaded. Had the plaintiff pleaded
easement, he has to necessarily concede to the title
whether necessary pleadings
constituting a right of easement of necessity and easement
by prescription were pleaded and whether finding of the
first appellate court ... appellants have that right either
easement of necessity or by easement of prescription, appellants have
precisely and clearly pleaded the nature of the claim
whether necessary pleadings
constituting a right of easement of necessity and easement
by prescription were pleaded and whether finding of the
first appellate court ... appellants have that right either
easement of necessity or by easement of prescription, appellants have
precisely and clearly pleaded the nature of the claim
course etc. Easements can be acquired by different
ways and are of different kinds, that is, easement by
grant, easement of necessity, easement by prescription ... necessary for
easement of necessity or easement by grant. In regard to an
easement by prescription, the plaintiff is required to
plead and prove that
pleaded in
the plaint. However, it does not make a difference to the
findings arrived at, as the plaintiff had pleaded easement
of grant ... conclusion that the plaintiff was given
right of easement by Yogini Amma as an easement of grant.
2
Considering this aspect of the matter, although
plea of the parties in the pleadings. In
the instant case, in the absence of any specific pleading
regarding prejudice or detriment to the respondents ... however, did not record and finding on
the prescriptive right of easement pleaded by the
plaintiffs, in view of its finding that the plaintiffs being
