committed an error in
applying Sec. 60 of the Indian Easement Act, to the case
on hand. She submits that Section 60 of the Indian ... regard to Section 60 of the Indian
Easement Act, has relied upon Section 60 of Indian
Easement Act. When a specific query
Indian Easement Act, were not in existence. Section 4
of the Indian Easement Act 1882 defines the easement as follows :
"An easement ... easement can flow. As per the definition of 'easement' in Section 4 of
the Indian Easement Act, for an easement right, there must
invoke the protection of clauses of the Easement Act .
22. In a case of Maria Margarida Sequeira Fernandes and others vs.
Erasmo Jack de Sequeira3 ... appellant.
27. In the case on hand, the appellant failed to satisfy the requirements of
Section 60B of Easements Act. Furthermore, the appellant
Limitation
Act, which provides thus:
29. Savings.--
(1) Nothing in this Act shall affect section 25 of the Indian Contract Act ... easement" in section 2 shall not apply to
cases arising in the territories to which the Indian Easements Act
suit property or
not is the question to be considered in this case, entitling the
plaintiff to make a claim for permanent injunction.
22. Admittedly ... settled possession is to be
considered.
23. Section 52 of the Easement Act, stipulates as
follows:
"52. "License" defined.--Where one person
easement" in section 2 shall not apply to cases arising in the
territories to which the Indian Easements Act ... easement' in
Section 2 shall not apply to cases arising in the territories to
which the Indian Easements Act
Tribunal."
LIMITATION ACT, 1963
"29. Savings.-- (1) Nothing in this Act shall affect section 25
of the Indian Contract Act ... easement' in
section 2 shall not apply to cases arising in the territories to
which the Indian Easements Act
Limitation Act, 1963 is quoted below:
"29- Savings.-(1) Nothing in this Act shall affect section 25 of the Indian Contract Act ... easement" in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act
Limitation Act reads
thus: -
"29. Savings.--
(1) Nothing in this Act shall affect section 25 of the Indian
Contract Act ... easement" in section
2 shall not apply to cases arising in the territories to which the
Indian Easements Act
considered view that Avitel
case also does not buttress the argument on fraud as Avitel case is
an authority for the proposition in Ayyasamy being ... said hotel.
16. On Section 60(4) of Easements Act point, judgment in
Fazal Haq case being Fazal Haq Vs. Data Ram and another
reported
