cannot acquire easement in spite of the fact that all along he is doing physical acts entitling him to acquire easement.
In case where ... 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
easement under Section 15 of the Indian Easements Act, can yet establish its acquisition by immemorial user, What was held in that case was that ... sections relating to licences in the Easements Act at all. This case can, therefore, be of little assistance to us. In our view none
Both the sides relied on Section 7 of the Easements Act, It says:-
"Easements are restrictions of one or other of the following rights ... Section 7 of the Act. In support of his. case,Mr. Oza referred to the following cases:-
8. In the case of Rasiklal Manilal Bhatt
grant and not anything else. Easement of necessity
and quasi easement are dealt with in Section 13 of the Act.
The grant may be express ... easement by grant does not get extinguished under
Section 41 of the Act which relates to an easement of
necessity. An easement of necessity
Indian Limitation Act reads as under:
29. Savings.--[1] Nothing in this Act shall affect Section 25 of the Indian Contract Act ... Section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 [5 of 1882], may for the time
reason of the provisions contained in Section 7 of the Indian Easements Act. Section 7 runs thus:--
"7. Easements are restrictions ... Easements Act , the High Court has laid down six propositions which flow from the principles laid down in different cases. The first thing
such right under Section 25 of the Limitation Act, 1963 or Section 15 of the Easement Act. Then only a plaintiff can obtain a decree ... lost ground. For the second mode of acquisition of easement under the Easements Act , it is necessary that the required period of 20 years
clear that there cannot arise any question of any right of easement in respect of that door or a jail in that particular wall having ... person cannot acquire an easement unless he acts with the acknowledge that it is a case of dominant and servient tenement and he is exercising
that the license in the case of Bai Hanifa 's case was a license simpliciter. It was a case of license with specific condition ... that there were only two cases set out in clauses (a) and (b) of Section 60 of the Easements Act that made a license irrevocable
which Mr.Majumdar has raised relates to Section 60 of the Easements Act. The argument which he has raised is that it has not been ... Clause (a) of Section 60 of the Easements Act were fully satisfied in, the instant case. Section 61 to which Mr. Majmudar has referred does
