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K. Nagappa Shetty Vs. Babu Achari and ors.

Court : Karnataka

Subject : Property

Acts : Easements Act, 1882 - Sections 15

Reported in : AIR1962Kant179; AIR1962Mys179

as, in their view, the plaintiff 's case fell under the last paragraph of Section 15 of the Easements Act. Therefore the plaintiff 's suit came to be dismissed. (8) Mr. Govind Bhat contends that the plaintiff is … user for sixty years, as, in their view, the plaintiff 's case fell under the last paragraph of Section 15 of the Easements Act. Therefore the plaintiff 's suit came to be dismissed. (8) Mr. Govind Bhat

Geetha & Others vs Kalodi Aboobacker & Others

Court : Kerala

1944. In order to sustain the plea of easement by prescription under Section 15 of the Easement Act, (1) there must be a pre-existing easement … injunction restraining the defendants from interfering with the user of the pathway. It was later amended to claim easement by prescription. The trial court dismissed the suit. Pending appeal, the defendants produced two additional documents. Hence, an … This second appeal was admitted on 13.12.2006on the following substantial questions of law:- i) Have the courts below acted in accordance with law in appreciating the evidence on record? ii) What is the evidentiary value of Exts.C1

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

Court : Mumbai Nagpur

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 … proved easement of necessity as contemplated by Section 13 of the Indian Easements Act ? ...No. (iii) Whether Sections 13 and 15 of the Indian Easements Act are independent provisions in the matter of claim for easements

Varkey John Vs. Varkey Stanselose and ors.

Court : Kerala

Subject : Civil

Acts : Easements Act - Sections 15

Reported in : AIR1973Ker198

been no interruption of the plaintiff's right of drainage. The third paragraph of Section 15 of the Indian Easements Act, 1882. which is the relevant provision, reads as follows:'15 .....where a right of way or any other easement … in fact and in law been no interruption of the plaintiff's right of drainage. The third paragraph of Section 15 of the Indian Easements Act, 1882. which is the relevant provision, reads as follows:'15 .....where a right

Rambbhai Dabhai Patel Vs. Vallabbhai Jhaverbhai Patel

Court : Mumbai

Subject : Civil

Reported in : (1921)23BOMLR422

of such right by prescription, i.e., by twenty years' user as provided in Section 15 of the Indian Easements Act. He also referred to an agreement which was arrived at between his father and one Samal Manor who … and also upon the acquisition of such right by prescription, i.e., by twenty years' user as provided in Section 15 of the Indian Easements Act. He also referred to an agreement which was arrived at between his

Kanraj Khatri Vs. Nathuram Jain

Court : Madhya Pradesh

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Easements Act, 1882 - Sections 15

Reported in : AIR1997MP92; 1997(2)MPLJ41

to do so without obstruction for twenty years. He claimed that as per Section 15 of the Indian Easements Act the non-applicant has acquired the right of easement which the applicants could not obstruct or interfere with. For … the year 1969 and continued to do so without obstruction for twenty years. He claimed that as per Section 15 of the Indian Easements Act the non-applicant has acquired the right of easement which the applicants could

Atma Ram Vs. Om Pal and ors.

Court : Punjab and Haryana

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 … and its alienation has to be governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property in hands of successor has to be

Rawaji Gokkal Kulmi Vs. Keshav Ramji Kulmi and ors.

Court : Madhya Pradesh

Subject : Property

Acts : Easements Act, 1882 - Sections 15; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 17 - Order 41, Rule 24

Reported in : AIR1963MP202

did not exclude the case of acquisition by mode different from that mentioned in Section 15 of the Easements Act. The learned counsel relied upon the decisions in Maharani Rajroop Koer v. Abdul Hossein, 7 Ind App 240 … of right and this did not exclude the case of acquisition by mode different from that mentioned in Section 15 of the Easements Act. The learned counsel relied upon the decisions in Maharani Rajroop Koer v. Abdul

Luhar Tulsidas Narsibhai Vs. Vrajlal Lalji Vaghela

Court : Gujarat

Subject : CivilProperty

Acts : Specific Relief Act, 1877; ;Indian Registration Act, 1908 - Sections 17, 17(1) and 49; Easement Act - Sections 15 and 35

Reported in : AIR2007Guj77

then, the terms which were settled at the time of the partition also cannot be looked into. For Sections 15 and 35 of the Easement Act, it is submitted that the two Courts below have found that the … January, 1978 in Regular Civil Suit No. 110 of 1976, whereunder the suit of the plaintiff on his easementary right was decreed. 2. The appeal has been admitted for hearing the parties on the following substantial questions

Chidambara thevar Vs. T. Vedayya thevar and ors.

Court : Chennai

Subject : Civil

Acts : Easements Act - Sections 15

Reported in : AIR1967Mad164

of acquisition by prescription of a right of easement, a right of way under Section 15 of the Easements Act the enjoyment must be as of right, and so cases which have dealt with the scope of Section … cremation ground as of right. It is pertinent to mention that when some argument was advanced based upon Section 100, Civil Procedure Code, on the question that the findings of the Courts below constituted findings of fact