prescription and necessity. The very claim by
prescription and necessity is itself inconsistent. An
easement of necessity means an easement without
which the property cannot ... way both by
easement of necessity and prescription.
20. As per Section 41 of the Indian Easements Act,
easement of necessity comes
based on legal vested rights
of quassi easement, easement of necessity and
easement by way of prescription legally acquired by
him. Hence, plaintiff and proforma ... easement of prescription and easement
of necessity cannot be claimed
together. However, it may be pointed
that the plea of easement of necessity
::: Downloaded
right of way by easement of
necessity, apparent and continuous quasi
easement and easement by grant. At the time of
evidence the claim was restricted ... schedule way.
RSA 466/11
6
6. On the facts, appellant cannot claim
a right of way by easement of necessity over
plaint C schedule
says : An easement of necessity is extinguished when the necessity comes to an end.
16. The necessity contemplated under Section 13 of Easements ... claimed merely on the ground that such ways are inconvenient.
The right of way as easement of necessity implies that there is no other means
easement of right of way by prescription. He also tells the Court that he has a right of way as easement of necessity.
4. Defendants ... pathway, as an easement of necessity. Of course, the learned Munsif refused to accept the case of easement of necessity. oP the ground that there
place to specify that easement by prescription is different from easement by necessity; for claiming easement by necessity, the 20 + 2 years concept is having ... concept easement by necessity would arise.
37. In this case, the trial court correctly discarded the concept easement by grant and easement of necessity. However
easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement ... claimed merely on the ground that such ways are inconvenient.
The right of way as easement of necessity implies that there is no other means
way is available. However, the plaintiffs have established right of way by way of necessity under Section 13 of the Act as well as easement ... Section 13(e) of the Indian Easement Act i.e., easement of necessity. The defence of alternative way was pleaded by the defendants, therefore
Section 13 of the Indian Easements Act, 1882 which makes
provision for easement by way of necessity reads as
under:-
"13. Easements of necessity ... entitled to such easement.
The easements mentioned in this section, clauses (a), (c)
and (e) are called easements of necessity.
Where immovable property passes
they had also established their right to use the way as an easement of necessity. The lower appellate Court reversed both the findings ... establish plaintiffs' claim to the suit right of way as an easement of necessity. Accordingly, the decree of the trial Court was reversed
