case of easement of necessity and also an easement by implied grant on severance of tenements had been proved by the plaintiffs. In view ... grant, the intention of the grantor and the circumstances prevailing at the time of grant are material. For the purpose of finding an implied grant
acquired the right by prescription, and thirdly there was an implied grant to him by Uma Charan and others, the common vendors of himself ... over the disputed strip of land on the basis of implied grant. In this respect the learned Subordinate Judge is not very happy
opinion the plaintiff has failed to prove an implied grant of the easement right of way or any easement right of necessity. The judgment ... time of the severance of tenements and there was, therefore, no implied grant of quasi-easement of right of way over the disputed strip
that the defendant acquired a right of way over it by implied grant, but he held at the same time that the defendant could ... Court that the defendant has acquired a right of passage by implied grant over the eastern portion of the Dag.
3. The first question therefore
appellate court also was of the opinion that there was no implied grant or oral grant in respect thereof by the plaintiff. In respect ... grant of user bv the plaintiff to the defendants. It is, therefore, to be seen whether there has been any express grant or implied grant
into the tank. Rameswar Mukher, the predecessor of the defendants by implied grant from the Maharaja acquired an easement right to draw water along ... then such a right can be claimed on the basis of implied grant. In support of his contention Mr. Mukherjee first relies on a decision
also asserted that there was an acquisition of the right by implied grant.
2. The cause of action as stated by the plaintiff was that ... presumed. The defendant specifically stated in the written statement that no implied grant in favour of the plaintiff could be inferred in favour
landlord, I think the Courts below are right in presuming an implied grant upon the facts proved in the case. The two tenements ... simplify, define or render the rule of law clear as to implied grants and reservations of continuous and discontinuous easements on severance of property
roads are within the zemindary of the plaintiff; (2) that an implied grant of the sites of the roads by the plaintiff's predecessor ... lands and the defendants' claim being based on an implied grant made by the plaintiff's predecessor inferred from immemorial user
quite irrespective of any rule of law with regard to an implied grant of an easement upon severance of tenements. But there is no express ... considered the rule of English law known as the doctrine of implied grant of easements upon severance of tenements, as being in accordance with justice
