general license under
Section 52 of the Easements Act, 1982, without examining whether the
same was a case of specific license annexed to the property ... TCBML in the present
case was a general licence under Section 52 of the Easements Act. Had a
specific plea with regard to heritability
terms of Section 60 clause (b) of the Easement Act the
plaintiff i.e. licensee has, acting upon the license, executed a work of
permanent ... Section 61 of the Indian Easements Act, the revocation of licence
may be express or implied. In the present case, the defendant has revoked
Easement Act, 1882 provides that a license may be expressed or implied from the conduct of the grantor. Section 60 of the said Act indicates ... Indian Easement Act, 1882 would not make any difference. Such a right would be available to the plaintiff even in the present case, the license
submitted that Section 60 of the Easements Act, 1882 does not apply to the present case as IAL has an obligation to vacate the premises ... Lastly, it was submitted that Section 60 of the Easements Act has no application in case relationship between ITPO and IAL was that
Limitation Act reads as follows:
29. Savings.
(1) Nothing in this Act shall affect section 25 of the Indian
Contract Act ... shall not apply to cases arising in the territories to
RFA (OS) 18/2007 Page 13
which the Indian Easements Act
exclusion of the Lesser. Whereas Section 52 of the Indian Easement Act defines a license.
Under the aforesaid section, if a document gives only ... license under Section 52 of the Easements Act, no such interest in immovable property is created. The case on hand is one of such
that Section 60 of
the Indian Easement Act, 1882 is not exhaustive and there may be a case
where a grantor of the license ... Easement Act, 1882 has held that, apart from
the two circumstances mentioned in the said section, there may be a case,
where the grantor
Contract Act and the Specific Relief Act which generally apply to contracts are, however, subject to section 64 of the Indian Easements Act, 1882, when ... become irrevocable under section 60 of the Easements Act. In the present case, there is nothing to show that the license had become irrevocable either
Rent Control (Amendment) Act, 1976;
(B)any person to whom a licencse, as defined by Section 52 of the Indian Easements Act, 1882 has been ... section 52 of the Easements Act.
(22) For all these reasons, the orders in all the 15 cases of the learned Addl. Senior Civil Judge
cases
of transfer or partition of the dominant heritage which is
not the case in the present case. Therefore, the plea of
easement of necessity ... applicable in the present case.
Easement by way of Prescription
16. Section 15 of the Indian Easements Act, 1882 which makes
provision for easement
