Section 15 of the Indian Easement Act, 1882, deals with the acquisition easement by prescription. We are in this case concerned with paragraphs ... paragraph of S. 15 of the Indian Easement Act .
(26) If that is so, then, in this case , when the suit was filed
Easements Act is vitiated.
The alternate argument of the learned counsel was that even assuming that the provisions of the Easement Act are applicable ... Easements Act . In other words, the lower Court, has erred in not applying property the provisions of the Easements Act to the present case
Easements Act. In other words. Section 15 of the Easements Act would not be attracted to the case. Their Lordships after adverting to a decision ... Easements Act deals with requisites necessary to acquire a right under the Act, other titles and modes of acquiring easements are not excluded or interfered
provisions of Section 60 of the Indian Easements Act,
1882.
26. It is the case of the present appellant that the
appellant was operating equestrian ... Section 52 of
the Indian Easements Act as licensor and licensee.
Therefore, the facts and circumstances of the case
referred to by the learned Counsel
committed an error in
applying Sec. 60 of the Indian Easement Act, to the case
on hand. She submits that Section 60 of the Indian ... regard to Section 60 of the Indian
Easement Act, has relied upon Section 60 of Indian
Easement Act. When a specific query
implied.
In other words in the case of an easementary right there is no distinction in case of interference with light and air about ... Sections 32 and 33 of the Easements Act refer to right to enjoyment without disturbance of easement and the right of the owner
fours with the present case, Section 7, Madras Court-fees Act, being the equivalent of Section 4, Mysore Court-fees Act.
"In matters ... easement arises as that is not claimed as consequential relief in this case. Moreover, no question of easement arises at all in "this case
held referring to Section 13A of the Easement Act that necessity means absolute necessity. In the said case relying upon the decision of the said ... Easement Act, the Nagpur High Court has held that thus:
"easement contemplated by Section 13(a) , Easements Act, must be absolutely necessary
case of Ramanatha Gupta (supra) is
rendered while considering the case of easementary
right of prescription under Section 15 of the Act, while
the case ... Court keeping in view the provisions of the Easements
Act, Specific Relief Act and the Civil Procedure Code has
summarised the need for appropriate pleadings
that no case of easement has been made out by the plaintiff-respondent in the context of Section 13 of the Easements Act ... Section 13 of the Easement Act, per se reveals that right of easement of necessity has been confined to cases of transfer and bequest
