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
There is not a word said about the Easements Act or the Limitation Act in the plaint. The 5th paragraph mentions ... Limitation Act of 1871, Section 27 (which corresponds to Section 26 of the later Limitation Acts, and to Section 15 of the Easements Act
easement by grant does not get
extinguished under Section 41 of the Act which relates to
an easement of necessity. An easement of necessity ... same judgment that
under Section 47 of the Easements Act, a discontinuous easement like a
right of way is extinguished only when for an unbroken
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
remanding the case.
The word "easement" in Section 4 means
perfected easement. To construe the expression
"as an easement" occurring ... satisfy the ingredients of
Section 15 of the Easements Act, he cannot be declined relief in
case where the claimant is able to prove
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
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
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
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
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
