defendants/appellants who also raised a contention
relating to extinction of easement under Sections 13 , 41 and
43 of the Indian Easements ... protect his easement.
56. To protect the easement, the owner of dominant
heritage must establish that,
(a) the easement conferred is of any extent
imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty- nine ... easement is an easement of necessity. Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support
imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine ... easement is an easement of necessity. Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support
shall be entitled to such easement.
The easements mentioned in this section, Clauses (a), (c) and (e) are called easements of necessity ... servient heritage any easement that does not lessen the utility of the existing easement. This again recognizes that a further easement may be imposed
longer exist and they should be taken as became extinct or extinguished and this aspect was not considered by both the Courts below. This ... Indian Easements Act, 1882 deals with Extinction, Suspension and Revival of Easements. Extinction can be by any one of the modes specified
disturbs the easement.
3. The dominant owner can also file a suit for mandatory
injunction to get executed his right of easement.
Extinction of Easement ... easement by grant does not get extinguished under
Section 41 of the Act which relates to an easement of
necessity. An easement of necessity
after the aforesaid incidents cannot claim any right over the
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extincted easement. Therefore, the present writ petition is devoid of merit either
on facts ... this backdrop, whether he is legally entitled for restoration of extincted
easement after 16 years is the prime question.
(a) Easement by prescription under Section
observation of the learned District Judge about the
extinction of easement by necessity once the dominant owner starts
using the way which came into existence ... contained in Section 41 of the
Indian Easements Act about the extinction of easement of necessity
when the necessity comes to an end, the aforesaid
defense of non user by holding there can
be no extinction of easement by grant.
5.Whether the Appellate Court otherwise justified ... easement by grant does not get extinguished
under Section 41 of the Act which relates to an easement
of necessity. An easement of necessity
Section 41 in The Indian Easements Act, 1882
41. Extinction on termination of necessity
.An easement of necessity is extinguished when the necessity comes
