prayer for injunction or by of defend to resist the claim for injunction, the question to be considered is whether the injunction could be allowed ... relief of injunction for protection of that right. Therefore in every such suit for an injunction restraining interference with an easement by prescription, there
plaintiff to get a declaration of his right of easement before he can get an injunction to protect it, the suit would have ... British India and to protect that right by an injunction. A right of easement is itself immovable property. That right restricts the user of other
Vishal Pipes Limited vs Bhavya Pipe Industry on 3 June, 2022
Author: Prathiba M. Singh
main relief claimed by the plaintiff in the suit is injunction and not easement or any A other right to some benefit to arise ... that a person is or is not entitled to an easement and tor an injunction falls under Sub-clause
embargo for a suit for mere
injunction complaining of disturbance of easement which the Court is
bound to grant, if the case is made ... Appellate Court has referred Section 15 of the
Indian Easements Act, pertaining to acquisition of easement by
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basis of easement rights of
necessity and quassi easement. Further, it may be added
here that the said rights of easement was subject ... defendant are based on legal vested rights
of quassi easement, easement of necessity and
easement by way of prescription legally acquired by
him. Hence, plaintiff
trite law, that
in a claim for right of easement, the scope of injunction is confined to
the right claimed. Section 35 of the Indian ... prohibitory injunction. This Court must
say that the claim for a prohibitory injunction has absolutely no
correlation with the claim for easement, made
northern side.
The suit is not a simple suit for injunction. Easement
right of way through the defendant's property ... evidence to be adduced. A full-fledged trial of
the injunction suit may have prove that the relief sought
by the plaintiff is not sufficient
easement by
prescription’, there are pleadings in respect of the ‘easement of necessity’.
Though there is no evidence to prove the ‘easement of necessity ... based on the ‘easement of necessity’ and
the First Appellate Court has not accepted the ‘easement of necessity’ and
granted permanent injunction on the basis
Suit
for injunction – Injunction sought to protect easement by
prescription or to prevent obstruction to easement by
prescription – cannot be said to be not maintainable ... relief of
injunction for protection of that right. Therefore in every
such suit for an injunction restraining interference with an
easement by prescription, there
