right as an easement under Section15 of the Indian Easements Act. To prove that the right was. exercised as an easement, it is necessary ... that while in the case of adverse possession the possessor must assert his own ownership, in the case of easement he must assert limited rights
Easements Act .
15. Section 13 of the Easements Act (V of 1882) refers to easements of necessity and quasi-easements in cases where a person ... between easements such as a right of way, or easements used from time to time, and easements of necessity, or continuous easements. The cases recognise
cannot acquire easement in spite of the fact that all along he is doing physical acts entitling him to acquire easement.
In case where ... that while in the case of adverse possession the possessor must assert his own ownership, in the case of easement he must assert limited rights
Easements Act .
16. Section 13 of the Easements Act (V of 1882) refers to easements of necessity and quasi-easements in cases where a person ... section are called easements of necessity.
17. Section 5 defines continuous easements and apparent easements and it runs as follows:
Easements are either continuous
easement by
grant, easement by prescription, and easement by necessity,
which operate in different sets of facts. He further contends that
the question of easement ... implied, be entitled to such
easement.
The easements mentioned in this
section, Cls. (a), (c) and (e), are called
easements of necessity.
Where immovable property
under the Easements Act .
15. Section 13 , Easements Act (5 of 1882) refers to easements of necessity and quasi easements in cases where a person ... section are called easements of necessity.
17. Section 5 defines continuous easements and apparent easements and it runs as follows:
Easements are either continuous
such easement.
The easement mentioned in this section cls. (a), (c) and (e) are called easements of necessity".
(25) In the instant case, there ... titled to such easement."
(31) Section 5 defines a continuous easement and apparent easement and it runs as follows:
"Easements are either continuous
shall be entitled to such easement.
The easements mentioned in this section, Clauses (a), (c) and (e) are called easements of necessity ... Indian Easements Act). The treatment of the subject in Gale on Easements also shows that an easement may be acquired by grant, that
classification of easements. Broadly stated, the classification is found in public easements and private easements and positive easement and negative easement. The learned author ... Easements and Licences). Sometimes the right of support is classified as a negative easement and sometimes as a positive easement. This case appears
cannot claim any easement right unless it is established that in law there had been existing easement right and such easement right had been transferred ... else is not a continuous easement. It is discontinuous easement within the meaning of Section 5 of the Easements Act. Therefore, a right
