provisions of Section
60(b) of the Easements Act because the appellant acting upon
the licence had constructed structures of a permanent
character ... that though the
Easement Act does not apply, provisions of Section 60(b) of
the Easement Act still "operate". Since, the legislature
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
codified in Section 60(b) of the Indian Easements Act, 1882.
[823E-F]
In the instant case, all the three conditions, viz. (1)
the licensee ... done
so "acting upon the license" as required by Section 60(b) of
the Easements Act. The Court observed that the appellant
improved
contemporaneous
statute, i.e. Easements Act, the Transfer of Property Act and Section 41 of
PSCC Act. In support of that principle, learned senior counsel ... dealt with by contemporary statutes - Indian Easement Act, Transfer of
Property Act and Section 41 of the PSCC Act and, as already indicated, all
those
license under Section
52 of the Easements Act, no such interest in
immovable property is created. The case on hand
is one of such ... Public Premises
Unauthorized Occupants Eviction Act, the appellant has taken
the stand pleading non-applicability of the Indian Easement
Act and has themselves termed
Section 29 . Savings. – (1) Nothing in this
Act, shall affect section 25 of the Indian
Contract Act,1872.
(2) Where any special or local ... easement" in section 2 shall not apply to
cases arising in the territories to which the
Indian Easements Act,1882 may for the time
Katiyars Law of Easement and Licences (12th Edition) on
law with respect to "implication of grant of an easement." It
may arise upon ... note to
Section 8 of the Easement Act, which reads as follows:
"There are numerous cases in which an
agreement to grant easement
Limitation Act reads:
"29. Savings (1) Nothing in this Act shall affect Section
25
of the Indian Contract Act, 1872.
(2) Where any special ... easement'
in
Section 2 shall not apply to cases arising in the territ
o-
ries to which the Indian Easement Act
Easements Act as no such distinction is made in Sections 4 and 12 of the Act, that it is under Section 12 that an easement ... this case as the question of easements in the present case can be disposed of in another way.
19. Ch. IV of the Act deals
section.
29. Savings.- (1) Nothing in this Act shall affect section 25
of the Indian Contract Act, 1872 (9 of 1872).
(2) Where any special ... easement" in
section 2 shall not apply to cases arising in the territories to
which the Indian Easements Act
