servient tenement is a continuous easement within the meaning of the Easements Act , the following cases: Bishambhar Nath v. Jagannath Prasad ... another is a continuous easement within the meaning of the Easements Act . In the course of his judgment in that case Wallis, J., remarked
Indian Easements Act . Section 13 of the Act deals with the question of easements of necessity and quasi easements which may arise when property formerly ... Easements Act which deals with the revival of the extinguished easements under Section 45 of the Easements Act. Since I have found above that there
irrevocable under section 60(b) of the Easements Act. After discussing the facts of the case, Their Lordships made following observations in para ... based on Section 60(b) of the Indian Easements Act, or in substance asserting such a case, the Lower Appellate Court has found
irrevocable (revocable?) within the meaning of Section 60 of the Easements Act is be revoked expressly or impliedly. What is meant by "revocation ... referred to the relevant provisions of the Easements Act . The case seems to have been decided on consideration of justice, equity and good conscience
Moreover, the defendants in the present case did not even set up a claim to adverse possession. Their case was that; the builder ... incurred ex-pensen in the execution : see Section 60(b) , Easements Act. The case of Jai Chand Bahadur v. Girwar
specially provided in Section 2 , Sub-section (b), Easements Act , that there is nothing in that Act which will affect any customary or other right ... cases of easements which are connected with the property of the persons who enjoyed the easement and Section 18 recognizes the case of easements which
governed by the provisions of the Easements Act . What is the position then? Section 53 , Easements Act enacts:
Unless a different intention is expressed ... Easements Act. A perusal of this ruling shows that Section 56 , Easements Act, was considered by the Court. We are of opinion that in cases
express terms to the contrary, the case would come under Section 60 of the Easements Act, under which a licence cannot be revoked when ... from deriving advantage conferred by section 60 of the Easements Act, and in the present case the defendant has, in terms expressed and in unambiguous
referred to the relevant provisions of the Easements Act . The case seems to have been decided on consideration of justice, equity and good conscience ... case of Azeemullah (supra) relied upon by appellants is not applicable in the present case as the constructions in the present case had been made
express term to the contrary, the case would come under Section 60 , Easements Act, under which a license cannot be revoked when the licensee, acting ... licensee from deriving advantage conferred by section 60 , Easements Act, and in the present case, the defendant has, in terms expressed in unambiguous language, given
