been rendered irrevocable as per mandate of Section 60 (b) of Easement Act, 1882. The revocation of license would not be permissible as a licensee ... conditions stipulated in Clause (b) of Section 60 of Easement Act, 1881 is attracted, the same would not render the license irrevocable
license had become irrevocable under Section 60 of the Indian Easements Act, 1882 (for short ''the Act'). The notice seeking to resume ... remain with the grantor and therefore, Section 60 of the Indian Easement Act. 1882 will have no application. In support of his submission
view of bar
under Section 60(b) of the Indian
Easements Act, 1882 to revoke the
license?"
-7-
RSA No.100492/2019
10. Heard ... entire structure and hence under Section
60(b) of the Indian Easements Act, 1882 (for short "the
Easements Act "), the question of revoking
anything else. Easement of necessity and quasi-easement are dealt with in Section 13 of the Act. The grant may be express or even ... easement of necessity arising under Section 13 .
29. An easement by grant does not get extinguished under Section 41 of the Act which relates
Court Fees Act.
23. Coming back to the concept of easement, the Indian
Easements Act, 1882 defines 'Easement' under Section 4 as under ... Therefore, prima-facie, the deed of easement is a creation of
easement and not a transfer of existing easement.
27. There can be no dispute
Court Fees Act.
23. Coming back to the concept of easement, the Indian
Easements Act, 1882 defines 'Easement' under Section 4 as under ... Therefore, prima-facie, the deed of easement is a creation of
easement and not a transfer of existing easement.
27. There can be no dispute
relevant to notice what an easement is, how an easement of necessity would arise, how a customary easement arises. In this regard, before proceeding ... unable to agree. Revival of easements is dealt with by Sect. 51 of the Easements Act , and the present case would not come under that
easement
or an interest in the property, the right is called a license.
Section 53 in The Indian Easements Act, 1882
53 Who may grant ... create an easement, but is ineffectual for that purpose,
may operate to create a license.
Section 61 in The Indian Easements Act , 1882
61. Revocation
respondents/plaintiffs. Since the claim under the easement of
necessity under Section 13 of the Indian Easements Act, 1882, a person,
_________
Page ... sharers are not
entitled to claim easement of necessity under Section 13 of Indian
Easements Act. In the absence of proof of appellants continuous enjoyment
this assertion, relying on Section
60(b) of the Indian Easements Act, 1882 [" Easements Act "], Roshni Hotels
seeks a declaration to affirm their ... submission is premised on Section 60(b) of
the Easements Act, which precludes the revocation of a licence in such cases
wherein a licensee, acting