down in Wood v. Leabitter. and therefore in the
cases to which the Indian Easements Act applies it may not be possible ... irrevocable by operation of law, that is the Easement Act . But
apart from the Easement Act , there is the law of contract, and if
parties
make out a case of easement by necessity and quasi
easement as provided under section 13 of Indian Easements Act ... case of
easement by necessity sans any pleadings.
9. We now come to easement by prescription under section 15 of Indian
Easements Act
defendant by virtue of section
60 of Indian Easements Act.
It is stated that in case, Plaintiff prove his title to
the land, even then ... that
the provision of section 60 of Indian Easements Act are
applicable in the present case. Plaintiff also denied that the
suit is liable
revocable as per
Section 60(a) of the Easements Act.
46. In the present case, the Ld. Counsel for the plaintiff has argued that ... Easements Act,
1882 and can be termed as irrevocable.
Section 60(a) of the Easements Act, 1882 states:
"60. License when revocable.-A license
Section
15 of the Easements Act, 1882.
46. Easement of necessity as mentioned in Section 13 of
the Easements Act, 1882 are created ... without interruption, for
twenty years.
47. In the present case, Section 13 of the Easements Act,
1882 has got no application
lesser area.
43.U/s 62 of Indian Easement Act, 1882 , cases of deemed revocation
of license are enlisted ... some other persons.
This, u/s 62(f) of the Indian Easements Act, 1882 would amount
deemed revocation of license. The Ld. Trial Court
plaintiffs
are also protected under the provisions of Easement Act .
Defendant's Case
Defendants no.1 & 2 have filed their written statement alleging ... easement by necessity will not prejudice the
defendants in this case.
Easement of necessity is defined in section 13 of Indian Easement Act
section 60 of the Indian Easements Act are also
stated to be not applicable to the present case as even if the appellant is held ... legal position of section 60 (b) of the Indian Easement Act and
in any case whatsoever construction has been raised by the appellant
take the benefit of Section 60 B of the
Indian Easement Act , in case he is held to be licencee.
On merits, the parawise reply ... under section 60B of Easement Act?
OPD
(vii) Relief.
7. The plaintiff in order to prove its case had led the evidence
easement but an irrevocable licence in terms Section 52 and 60 of
Indian Easement Act. Court Observation : ( In the present case this judgment ... relevant to the present case. Counsel for the
defendant has highlighted the following portion of the judgment :
(c) Easement Act Section 60(b) Katacha thatched
