plaintiffs and the defendants are tenants under the same landlords and that being so one tenant cannot claim easement right against another. In this connection ... lessor." Mr. Mittter submits that if a tenant cannot claim easement right in respect of other land of his lessor, he also cannot claim
particular easement of support. When we come to easements generally, Para. 3 provides and where a right of way or any other easement has been ... easement of light the English Courts have distinguished this kind of easement in the same manner as Section 15 , Para. 1, Easements Act distinguishes
Allabudin (1 Cal. W.N. 151) it held that a tenant is always a tenant and never an owner of the land he always derives ... question may well arise whether the principle of acquisition of easements by the tenant who is the substantial owner, is permissible or not over landlord
easements of necessity and quasi easements accruing on transfer or testamentary disposition of immovable property or on a partition being made of joint property. Easements ... take advantage of customary easements recognized by Section 18 , Easements Act (Act 5 of 1882). But such easements cannot be characterized as appurtenant
assertion of any easement.
25. As between landlord and tenant questions of easement may certainly arise. When they do, they must be approached with great ... grant of the subsoil right was ever made to the tenants.
35. A tenant, therefore, who takes the surface land of such a character which
possession of a tenant being in law the possession of his landlord, the
tenant cannot acquire by prescription an easement in favour of his holding ... Bhatnagar
(supra) when the Supreme Court held that such easements cannot be claimed
by tenants, even if they acquire adjoining property:
"5. Section
owner, he can claim an easement.
B] Tenant : Tenants in dominant tenement enjoying an
easement as of right, acquire it from the landlord. When ... happens to occupy for the time
being as a tenant. Tenant can claim right of easement over
his landlord's property based in immemorial
owner, he can claim an easement.
B] Tenant : Tenants in dominant tenement enjoying an
easement as of right, acquire it from the landlord.
Page ... happens to occupy for the time being as a tenant.
Tenant can claim right of easement over his landlord's
property based in immemorial
several persons interested whether as co-owners, mortgagees, lessees, tenants or sub-tenants, easement possessors, beneficiaries and so forth, he has to examine their respective
tenant in 1986, the first floor of property no. 526 was
in occupation of a tenant and the said tenant was also using the
staircase ... Allabuddin [1 Cal WN 151] it was held that a
tenant is always a tenant and never an owner of the land; he always
derives
