Tribunal
held that the provisions of section 2(47)(v) of the Act read with section 53A
GURBAX SINGH
2015.07.23 15:30
I attest ... permissive licensee under section
52 of the Indian Easement Act, 1882 since in the present case,
all possible rights in the property including right
Limitation Act
29. Savings-
(1) Nothing in this Act shall affect section 25 of the Indian Contract
Act, 1872 (9 of 1872).
(2) Where ... easement" in section 2
shall not apply to cases arising in the territories to which the Indian
Easements Act
except in certain
circumstances that are expressly provided for in the Easements
Act, 1882 ."
30. In Corporation of Calicut v. K Sreenivasan ... tests of irrevocability established
by the cases and referred to above, or by the Indian Easements
Act will, however, give way to the special agreement
period of limitation
under the precedents. The earliest case under Section 15 of the
Indian Easements Act, 1882 and Section 26 of the Indian Limitation ... case
that would be in a suit for claiming the easement and not for
declaration of the enjoyment of the easement.
22. The latest case
Act. In this case the petitioner relies upon Section 7 (aa) of the Act which is quoted below:
Section-7 . Saving in respect of certain ... applicable in this case. Section 7(aa) of U.P. Act No. 1 of 1951, confers right to enjoy any easement or similar right
where a case falls in either of
these categories the licence is made irrevocable by operation
of law, that is the Easements Act . But apart ... tests of irrevocability
established by the cases and referred to above, or by the
Indian Easements Act will, however, give way to the special
agreement
Act have been pressed into
service in this regard. The legal position that customary
easement is not an easement in true sense, being not
annexed ... Section 15 of the Act in the
present case. The defendant allegedly has established
the existence of customary easement rights on record
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placing reliance
upon the provisions of different enactments including the Indian Easements
Act, 1882 and so on were considered by a learned Single Judge ... therefore since licence in this case stands terminated on account
of Section 59 of the Indian Easements Act, the plaintiff is not entitled to
restoration
parties, they may chose either.
21. It is not the case pleaded by the appellant that notwithstanding the will
being found, the two brothers agreed ... have appreciated a plea to bring
the case within Section 60(b) of the Indian Easements Act, 1882. If it was
pleaded that under
clearly makes out a strong
case of acquisition of easement by prescription under Section 25 of
the Limitation Act, 1963 and the appellant/plaintiff ... present case.
16. As regards the question of acquisition of easement by
prescription within the meaning of Section 25 of the Limitation Act
