deemed to be interested in land if he is
interested in an easement affecting the land.
7. The term 'person interested in the land ... apart from the land
owners, a mortgagee, a tenant, a lessee, a grantee, a person
having easement over the land and a host of others
easement over another property in view of Section 12 of the
Indian Easements Act (for short, "the Act)?
(ii) Can an easement be acquired ... Respondents-plaintiffs, claiming to be tenants under
one Varappan claimed right of easement by prescription over the
plaint schedule property for their access
blocking the disputed passage inter alia alleging
that the plaintiff and its tenants have been using the disputed passage.
In amendment application Annexure ... pleaded that the plaintiff and its tenants
have easmentary right to use the passage as easement of necessity.
The defendant-respondent resisted the amendment application
this issue is upon the plaintiff. Plaintiff has alleged
himself as tenant under Ministry of Rehabilitation. In this regard, he has
examined ... time on license basis. As
per Section 53 of Indian Easement Act, 1882, a tenant can create a
license. Section
site plan is in joint
possession of tenants of second floor and is a valuable right of
easement, light ventilation etc.
3. It is further ... been in joint
possession of tenants on second floor and being used for access
to tenants premises and provides easement light and ventilation.
Suit
tenant who had
been living as a tenant in the premises as member of the
tenant's family upto the death of the tenant ... operation of law, on the death of a tenant, the aforesaid
relatives became tenants of the premises and the benefit of
this piece of social
property. They also claimed the benefit
under Section 60(b) of the Easement Act. On the basis of
these contentions, they prayed for dismissal ... right/fixity of
tenure and claim protection under Section 60(b) of
Easement Act at the same time ?
B. Is it mandatory to have documentary
defendant no.1 is
licensee or tenant in the property of the plaintiff.
SectionÂ52 of the Indian Easement Act defines license which is
produced ... permission" as given in the SectionÂ52 of the Easement Act is satisfied.
It is also clear that the said permissive
pleaded that the appellant
is a heart patient and has easement right. However, the respondents
deprived him from light, air etc. Not the least ... tenanted premises to harass the appellant. Perusal of the plaint
reveals that the same is silent as to the plea of heart patient; easement right
provisions of any law, custom, usage or agreement relating to right of easements available for any land vesting in the Government under this section over ... have been surrendered under this Act by any usufructuary mortgagee or tenant, the possession of such land shall subject to such rules
