grantor or his tenants at all, but it would be absurd to hold on that account that no easement or right of taking water from ... granted reserving the channel. In that case if any easement passed, it would be an easement in respect of which the channel
State Of Maharashtra vs Shrimant Govindrao Narayanrao ... on 3 February, 1983
Equivalent citations: 1983(2
under the Easements Act or under the Bombay Rent Act. He is a rank trespasser.
23. Section 52 of the Indian Easements Act defines licence ... section 52 of the Indian Easements Act.
25. In the present case, the plaintiff who is the tenant of the suit premises was nowhere
breach the license fee was the net income of the tenant. We do not think, therefore o the whole that we will be justified ... whether the relationship was of landlord and tenant. After the referring to S. 52 of the Easements, act the learned Judge possession., therefore continues with
that a joint tenant or tenant in common of land can maintain trespass against his co-tenant if the co-tenant expels him from ... That lays down that although a tenant cannot acquire a prescriptive right of easement in land belonging to his lessor, he may claim a right
this case the husband was the tenant. The wife, who was not the tenant, cannot be in a better position to recover damages than ... Classes Act, 1890, is necessary to protect such tenants from greedy and avaricious landlords.
39. The tenants on the fourth floor had a right
definition of " easement" in the Indian Easements Act those cases do not apply to India. The " easement" in defined by Section ... this that whatever is for the benefit of the dominant tenant must be an easement and cannot be anything else. The enjoyment of the freehold
reversionary rights as the sole tenant of the suit flat from the landlords.
29. Under Section 52 of the Easements Act, a license ... contemplated under Section 52 of the Easements Act, which defines a license.
30. Under Section 60 of the Easements Act, a license becomes irrevocable when
light and air of the plaintiff and also his right of easement, it was contended on behalf of defendant No. 3 that ingress and egress ... evidence whatsoever to support his case of easement. On the contrary the tenant who could have been affected by the said stall himself states that
land occupied by him as tenant over other land belonging to his landlord. But a tenant is settled to a way of necessity over the adjoining ... been said that on first principles, no such easement right can be conferred on a tenant as against his own landlord
