house. Thereafter, Section 13 defines easements of necessity and quasi easements thus-
"13. Easements of necessity and quasi easements.-- Where one person transfers ... entitled to such easement."
6. The decisions rendered in England around the time of the enactment of the Easement Act should be discussed
permanent licence rights under Section 60(b) of the
Indian Easement Act, 1882 inasmuch as the permanent
construction was not made with the specific consent ... TCBML was a general license under
Section 52 of the Easements Act, 1982, without examining whether the
same was a case of specific license annexed
become an irrevocable licence under
Section 60(b) of the Indian Easements Act, 1882 (hereinafter referred to as
„Act, 1882‟). In support of his submission ... been raised acting upon the licence,
―Acting upon the licence‖ means acting upon the right given by
the grantor. Whether the licensee acted upon
rejection of the plaint
is that the easement claim is barred by Section 12 of the Easements Act.
Section 12 of the Easements Act states ... respondent plaintiff urges her right to easement of parking by virtue of
Section 15 of the Easements Act. Section 15 of the Act states
agreement between the parties.
11. Referring to Section 60 of the Easement Act and the decision of the
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Supreme Court ... said suit. Referring to
Section 60 of the Easement Act learned counsel states that provisions of
Section 60 are not exhaustive and a license
could be granted.
6. Mr. Rohtagi then referred to the Indian Easements Act, 1882 and, particularly, Chapter VI which deals with licenses. Section 52 defines ... absence of such right, be unlawful. Section 54 of the Indian Easement Act, 1882 provides that a license may be expressed or implied from
Transfer of Property Act and Section 60 of the Easement Act, and the defendants having made huge constructions and additions and alterations in the leased ... Transfer of Property Act and Section 60 of the Easement Act, the lease of 30 years fixed term has become a lease in perpetuity
Transfer of Property Act and Section 52 of the Indian Easements Act.
Section 105 of Transfer of Property Act reads thus:
"105. Lease Defined ... accepts the transfer on such terms."
Section 52 of the Easements Act, 1882 reads thus:
"License, defined.--Where one person grants to another
except in certain
circumstances that are expressly provided for in the Easements
Act, 1882 ."
30. In Corporation of Calicut v. K Sreenivasan ... honoured. It is well settled that Section 60 of
the Indian Easement Act, 1882 is not exhaustive and the parties by a
contract may also
Additionally, Mr. Chandhiok submitted that Section 54 of the
Easement Act, 1882 provides that a licence can be created by express
or implied conduct ... explicitly as well as in terms of Section 54 of the Easement
Act, 1882.
9. On the other hand, Mr. Sanjay Poddar, learned senior counsel
