brings the case one under easement of necessity
within the meaning of Section 13 of the Easement Act.
12. On a careful consideration of rival ... this faced
disintegration in the subsequent partition. Necessarily, Sec.13 of
the Easement Act providing for easement of necessity of right of
way will invite
sale deed
Exh. 34 dated 6/12/1980?
(2) Whether the provisions of Section 60 of
the Easements Act could be applied to the facts
Lower Appellate Court right in applying the
provisions of Sections 4 and 12 of Easement Act in the absence of
pleading and evidence
Section 15 of the Act of 1882
would show that a right to way or any other easement
can be acquired by prescription under Section ... last 20 years.
12. Section 19 of the Act of 1882 speaks about passing
of easement on account of transfer of dominant
6
heritage. Section
Appellants
Vs.
1.Rengasamy
2.Govindan ...Respondents
Prayer:
Second Appeal filed under Section 100 of Civil Procedure
Code, against the judgment and decree ... respondents had not
acquired any right of easement as
envisaged under Section 12 of the
Easements Act, 1882, whether they are
entitled to decree
Bhupinder Singh in acse no. E74/12 and copy of Indian Easement Act,
1882 Section 56 .
Page 11 of 21
7. Before moving further
witness who is presently residing with her.
12. Section 52 of Indian Easement Act defines licence as under:
"Licence defined" Where one person
A. Radhakrishnan vs The Chief Electoral Officer on 2 April, 2019
Equivalent citations: AIRONLINE 2019
this section."
xxx
"29. Savings.--(1) Nothing in this Act shall affect
section 25 of the Indian Contract Act ... easement" in section 2 shall not apply to cases
arising in the territories to which the Indian
Easements Act
Easements Act ?
5.Whether Ex.A.5 is an admissible document and
whether the Section 63 and Section 65 of Indian Evidence
Act have been ... follows?”
Submissions:
12. Heard, Mr.K.V.Sundararajan, learned counsel for the
appellant/defendant. He would submit that the entire case of the
plaintiff revolves
