defendants having entered upon the suit lands as licensees or at most tenants-at-will under Gangadhar or his successors-in-interest, the aforesaid point ... Easements Act. So far as plot No. 400 is concerned, the learned Subordinate Judge, held that late Gangadhar was recorded as a Sikimi tenant
alleged that the defendants residing in the rear block suddenly obstructed the tenants of the plaintiffs and did not allow them ... argued that the claim of easement not having been specifically pleaded in the plaint, the relief regarding right of easement was not available
following
substantial questions of law i.e.
I. Whether the Right of Easement having
been granted, as claimed by the plaintiff
in respect ... particular easement claimed
being right of passage only if the
dominant owner can be permitted to put
addition burden on the servient tenant by
fixing
license irrevocable in view of
Section-60(b) of the Indian Easements Act.
11. That, after receiving the aforesaid notice
the plaintiff immediately sent ... There is no permission to plaintiff
tenant by the landlords to construct any permanent
construction. So also the tenant has not constructed any
permanent construction
party getting exclusive possession under a document is prima facie considered a tenant. In both the cases the Supreme Court was considering the terms ... cases, operate as a mere license.
15. Section 60 of the Indian Easements Act is not applicable to this area, but the principles contained therein
each tenant or occupant,
(ii) the class to which each tenant belongs,
(iii) the situation and extent of the land held by each tenant ... each tenant,
(v) the name of each proprietor and landlord,
(vi) the rent and charges of irrigation payable by each proprietor, landlord, tenant or occupant
Transfer of Property Act and no reference was made to Section 60 , Easements Act. In any event it will be noticed that the case ... creation of a tenancy of a corporeal hereditament that the tenant should have the right to the exclusive possession of the premises.
A grant under
Given that both the Transfer of Property Act and the Indian Easements
Act were enacted in 1882, it is unlikely that their fundamental concepts ... licensee whose
rights are typically limited by the grant terms. A tenant assumes risks
when making alterations or improvements without property rights.
Continual rent payment
Given that both the Transfer of Property Act and the Indian Easements
Act were enacted in 1882, it is unlikely that their fundamental concepts ... licensee whose
rights are typically limited by the grant terms. A tenant assumes risks
when making alterations or improvements without property rights.
Continual rent payment
Given that both the Transfer of Property Act and the Indian Easements
Act were enacted in 1882, it is unlikely that their fundamental concepts ... licensee whose
rights are typically limited by the grant terms. A tenant assumes risks
when making alterations or improvements without property rights.
Continual rent payment
