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Jun 30 2011

Manikrao S/O Narayanrao Bhoge and ors. Vs. Shri Maheshkumar S/O Bansil ...

Court : Mumbai Nagpur

Decided on : Jun-30-2011

Subject : Property

Acts : Indian Easements Act, 1882 - Section 15; Maharashtra Land Revenue Code, 1966 - Section 142

erred in reversing the finding on the question of right of way under Section 15 of the Indian Easements Act, 1882 by way of prescription without recording any cogent reasons and wrongly held that convenience of the appellants/plaintiffs could

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Oct 17 2003

Jivanlal S/O Kannaiyalal Paliwal Vs. Krishnarao D. Sathone

Court : Mumbai

Decided on : Oct-17-2003

Subject : Property

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR2004Bom89

involved in this appeal and the same is dismissed with costs. Property - easement - Section 15 of Easements Act, 1882 - Appellate Court held that plaintiff had acquired easement in relation to user of way and entitled to

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Mar 26 1998

Heera Bai and ors. Vs. Thakuri (Deceased by L.Rs.)

Court : Madhya Pradesh

Decided on : Mar-26-1998

Subject : Property

Acts : Easements Act, 1882 - Sections 15; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : AIR1998MP273; 1998(2)MPLJ225

years. The claim is based on acquisition of easementary right by prescription under Section 15 of the Indian Easements Act, 1882 (for short 'the Act'). The relevant provision of Section 15 is extracted thus : 'Section 15 -- Acquisition

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Jan 13 2003

Atma Ram Vs. Om Pal and ors.

Court : Punjab and Haryana

Decided on : Jan-13-2003

Subject : Property

Acts : Easement Act, 1882 - Sections 15

Reported in : (2003)135PLR246

also recorded the conclusion that the plaintiff-appellant had failed to satisfy the basic ingredients of the right of easement by prescription as envisaged by Section 15 of the Indian Easement Act, 1882 (for brevity, 'the Act'). The … basic ingredients of the right of easement by prescription as envisaged by Section 15 of the Indian Easement Act, 1882 (for brevity, 'the Act'). The views of the Additional District Judge on the issue read as under:-'So far

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Mar 15 1991

Kesavan Velayudhan Vs. Kannan Kunjukutty and ors.

Court : Kerala

Decided on : Mar-15-1991

Subject : Property

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR1992Ker163

sworn that the canal was there for the last 45 years. As per Section 15 of the Indian Easements Act, 1882 (for short the Act) such user should be for 20 years, and accordingly to the last clause of

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Jan 04 1949

Ram Sahai and ors. Vs. Man Singh and ors.

Court : Allahabad

Decided on : Jan-04-1949

Subject : Property

Acts : Easement Act, 1882 - Sections 15 and 23

Reported in : AIR1952All398

been established. It is necessary to examine the relevant statutory provisions on the subject.3. Section 15 of the Easements Act, 1882, provided for the acquisition of easements by prescription. Paragraph 3 of that section runs as follows:'Where a right

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Nov 22 2004

Justiniano Antao and ors. Vs. Smt. Bernadette B. Pereira

Court : Supreme Court of India

Decided on : Nov-22-2004

Subject : PropertyCivil

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR2005SC236; 2005(2)ALD16(SC); 2005(5)ALLMR(SC)135; 2005(1)AWC213(SC); 2005(3)BomCR302; [2005(1)JCR53(SC)]; JT2004(10)SC228; 2004(9)SCALE593; (2005)1SCC471; 2005(1)LC77(SC

the relief in question could not be granted to the plaintiff in view of Section 15 of the Easements Act, 1882 which provided that easementary right must be claimed as of right. The second ground on which the findings

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Jan 24 2006

Meher Fatima Vs. District Collector and ors.

Court : Andhra Pradesh

Decided on : Jan-24-2006

Subject : Civil

Acts : Andhra Pradesh Municipalities Act, 1965 - Sections 2(31); Indian Easements Act, 1882 - Sections 15

Reported in : 2006(2)ALD440

Sentry Room, the same cannot be accepted unless there is a proper Court declaration. Section 15 of Indian Easements Act, 1882 (the Easements Act) is to the effect that where the access to land has been enjoyed peaceably for

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Nov 08 2004

Sh. Sanjeev Kumar JaIn Vs. Sh. Raghubir Saran Charitable Trust and ors ...

Court : Delhi

Decided on : Nov-08-2004

Subject : PropertyTenancy

Acts : Easement Act, 1882 - Sections 4, 13 and 15; Evidence Act, 1872 - Sections 91; Code of Civil Procedure (CPC) - Order 39

Reported in : 117(2005)DLT600; (2005)141PLR38

PC 156 where the provisions of the Easement Act came to be considered and interpreted as follows:The Indian Easements Act, 1882, section 15, enacts that 'where the access and use of light or air to and for any building have been … the state of the property at the time and the mode in which it was enjoyed. The Indian Easements Act, 1882, section 15, enacts that 'where the access and use of light or air to and for any building have been

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Mar 12 2004

VipIn Krishna Garg and anr. Vs. Shyam Lal Garg and anr.

Court : Allahabad

Decided on : Mar-12-2004

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Indian Easements Act, 1882 - Sections 15 and 18

Reported in : AIR2004All386; 2004(2)AWC1865b

prescription is wholly erroneous.9. For facility, Sections 15 and 18 of the Indian Easements Act are quoted hereunder :'Section 15, Acquisition by prescription.--Where the access and use of light or air to and for any building have been … of one's house to another sahan or house is not an easmentary right as contemplated under the Indian Easements Act, 1882.6. On the other hand, the learned counsel for the plaintiff opposite party has invited my attention to paragraphs

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