right of way, a right to
light and air, right to draw water, right to support, right
to have overhanging eaves, right of drainage, right ... establishing a right of passage is different from a right
of drainage or right to support of a roof or right to water
course
there was no question of his having acquired any easementary rights by prescription over the said strip of land.
4. The Trial Court partially decreed ... accession, he considered it unnecessary to go into the question of easementary rights claimed by the appellant. The principal ground on which the Single Judge
According
to him, easementary right which is over the land is distinct from right in the
land and since only right in the land ... landlord's rights in land, and correspondingly,
to expand the tenant's rights therein. Each of the
expressions, "rights in or over
acquired as an easementary right. The natural corollary of these natural rights is that they are subject to the rights of adjoining owners ... exercise of that easementary right he can come forward with a suit claiming his right to easement whenever that right is sought to be interfered
right or a liability and
provides for the determination of the right or liability and further lays
down that all questions about the said right ... parties" in
regard to any private easementary rights relating to right of way or right to
water will always be subject to the decision
second schedule property (the pathway); he is not asking for easementary
right over this property. The trial Court has found that the plaintiff ... plaintiff prescribed easementary right. But, the plaintiff admits in
evidence that he claims only proprietary right in that pathway and not
easementary right. Therefore
appellants in the plaint was that
they have an easementary right to access their land
comprised in Khasra No.225 through the road in question ... challenge to the acquisition of the land over
which the alleged easementary right was claimed has
resulted in the extinguishment of any alleged easementary
right
other words, the distinction between these two sets of rights, viz., natural right and easementary right is this. In the case of an easementary- right ... natural right apart from a right of easement with reference to a right of passage or right to light and air and in that
relief of declaration that he acquired by prescription the easementary right of way passing through the backyard of adjoining defendants' house from his (plaintiff ... owner of the dominant heritage he acquired by prescription the easementary right of way through and over the backyard of the judgment-debtors' said
earlier owner, his replacement by another has no consequence on the easementary right, since no common management was involved at any stage. The very basis ... supra) was followed for reaching this conclusion. The nature of an easementary right in this context was indicated as under : --
"All that the owner
