Indian Easements Act was based upon English common law or upon the English Prescription Act . For the purpose of this case we have to construe ... right as an easement under Section15 of the Indian Easements Act. To prove that the right was. exercised as an easement, it is necessary
Indian Easements Act. Lastly he submitted that these judgements have not considered the effect of Section 59 of the Indian Easements Act.
(b). The essential ... read with Section 59 of the Indian Easement Act, 1882. Under Section 52 of the Indian Easement Act, it is provided that where one person
having been filed much after the enforcement of the Indian Easements Act , the case of the parties must be governed by the provisions ... decide this question in this case as also what is saved with the extension of the Indian Easements Act as from 1st November
Act does not expressly apply to cases of licenses before the coming into force of the Act, the principle underlying Chapter VI of the Act ... Act applicable to the case of licensees before the coming of the said Act and, therefore, since the principles underlying Chapter VI of the Act
claim based upon Section 15 of the Indian Easement Act is barred. The case, so far as it is bused upon the specific agreement ... applicable to this case is Section 15 of the Indian Easements Act. In that case the user found was possibly for fifty or sixty years
this right is strictly not an easement as defined in the Indian Easements Act , Section 23 of that Act does not come into play. Under ... principles of Section 23 of the Indian Easements Act should apply in such a case, it. was implicit in the judgment of their Lordships that
nature of an easement and they can be acquired only, under the Indian Easements Act , by enjoyment for twenty years prior to the date ... that in view of the definition of " easement" in the Indian Easements Act those cases do not apply to India. The " easement
relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says:
Easement' includes a right not arising ... easement in the Indian Easements Act is quite different. I confess I have considerable difficulty in seeing how the Indian Easements Act applies
been proved how the water came before the Indian Easements Act or the Indian Limitation Act was passed. The water coming by the longer route ... applicable to this case is Section 15 of the Indian Easements Act. In that case the user found was possibly for fifty or sixty years
displayed in the arguments, Section 20 of the Indian Easements Act, which governs the case, has not been referred to. Section ... Indian Easements Act, on which the lower appellate Court has relied, is in Chapter III of the Indian Easements Act , and Section 20 clearly lays
