...however in favour of the plaintiff on the ground of lost grant. The defendant has appealed to this Court. It is urged that the case is one to which the doctrine of lost grant can...right, by prescription under the Limitation Act and in the alternative on the ground of lost grant. The first Court found that no right had been made out under the Limitation Act but found that the...to the plaintiff.3. It seems to me absurd to hold under such conditions that the user cannot be accounted for on any ground except that of lost grant. A much more obvious and simple...

...justified, and that the plaintiffs were entitled under the doctrine of lost grant to a declaration of the easement they claimed as against defendant 1, who was the plaintiff's landlord. Defendant 1 was the...with the acquisition of a right based upon the doctrine of lost grant. No doubt, strictly speaking, a right based upon lost grant ought to be expressly pleaded as such. But in this countr...under the Limitation Act; and he, therefore, was taken by surprise by the Court holding that the case was one to which the doctrine of lost grant was applicable; and he argues that if he had known that...

...custom and that the customary conditions of the locality require such user. The doctrine of lost grant can be invoked in aid of the inference of such a custom. An illustration of...customary right was inferred by the application of the doctrine of; lost grant is Derry v. Sanders (1919) 1 K.B. 223 where a right of way Was1 asserted by one copy-holder against .... 16. The principle upon which the doctrine of lost grant is based is explained by Channel, J., in East Stone House Urban Council v. Willoughby Brothers Ltd...

...dedicate a piece of land to a limited section of the public, such as the inhabitants of a village. The doctrine of lost grant cannot therefore furnish a true legal basis of the r...doctrine of lost grant can be applied to such rights as those of the inhabitants of a particular village to continue an ancient use of some land. Upon the facts found, it was not permissi...', AIR 1950 PC 56 (A) in which Lord Radcliffe pointed out that the true legal basis of such rights lay in custom and that the doctrine of lost ...

...Subordinate Judge is defective in law. It is a conception unknown in law to dedicate a piece of land to a limited section of the public, such as the inhabitants of a village. The doctrine of lost ...impossibility of proving “immemorial user”. But a right acquired by the doctrine of lost grant had to be attached to and descend with an estate, and since the right originated as grant its owners ...his ancestors. Therefore neither the conception of an casement nor the doctrine of lost grant can be applied to such, rights as those of the inhabitants of a particular village to continu...

...entire ‘C’ schedule property without resorting to the doctrine of lost grant?” 9. Heard Sri. R. Gopan, the learned counsel appearing for the appellant/defendant No. 1 and...defendant No. 1 has failed to plead and establish the right of easement as provided in Section 15 of the Indian Easements Act, he is entitled to relief by applying the doctrine of “lost grant”. He...facts of this case. 16. “Lost grant” is defined, in WORDS AND PHRASES, (West Publishing Co, Volume 25 A, Pages 413 & 414), the book containing Judicial Constructions and Definitions ...

...will be almost impossible to prove by direct evidence the state of affairs which existed several decades ago. In such cases the doctrine of lost grant has been invoked by Courts to protect long...possession, but, if a co-owner who has been out of possession makes a claim after a long interval, the Courts have presumed, under the doctrine of lost grant, that the sole and exclusive possession...followed. In Krishnayya v. Udayalakshmamma , Venkatarama Aiyar, J., (as he then was), applied the doctrine of lost grant and presumed everything to protect the possession of the party...

...431 the legal phenomena pertaining to the doctrine of “lost grant” seems to be well settled. This Court in Braja Sundar AIR 1951 SC...user to some piece of land or water. … the doctrine of lost grant originated as a technical device to enable title to be made by prescription despite the impossibility of proving immemorial user a...that no “lost grant” can be presumed in favour of a fluctuating and unascertained body of persons.3. It would be convenient at this stage, however, to note in slightly more greater d...

...administering a trust for some classes of its inhabitants, nor was any such argument advanced before their Lordships. 6. The doctrine of lost grant gives no firmer basis for the...village from time to time is neither attached to any estate in land nor is it such a right as is capable of being made the subject of a grant. There are no admissible grantees. In fact the doctrine of .... He further held that a claim based on a presumption of lost grant must necessarily fail, since no such presumption could be made in favour of villagers "who constitute a fluctuating and...

...time, should have invoked the doctrine of lost grant particularly when there was no clear and convincing evidence of the terms of the grant. Alternatively, they argued that the courts sho...counsel for the trustees, contested this position. He would say that there is no scope for invoking the doctrine of lost grant as the recitals in the inam register and the inam statement, which are of...conclusion that both the varams were so granted to the deity.10. At the outset it would be convenient to notice briefly the scope of the doctrine of lost grant, as the learned...

..., the suit of the present nature would be a bar?2) Whether the learned courts below have committed an error of law in not consideration the case by applying the doctrine of lost ...with a direction that the appellant's claim over the suit schedule property should be examined by applying the doctrine of lost grant. Accordingly, the learned lower appellate court has disposed of the...appeal afresh observing, inter alia, that the claim of title by lost grant is neither pleaded nor proved. It further observed that in the facts and circumstances, presumption of lost grant is not...

...the principle of the doctrine of lost grant, when a right has been exercised by a person or persons for a sufficiently long time openly, uninterruptedly and peaceably it can safely be presumed that it.... Willoughby Brothers(4) Channell, J., observed: “I should be glad to be able to decide the case by the doctrine commonly referred to as that of a lost grant, that is, the rule which says that on...distinction between prescription at common law and the doctrine of lost grant was that, where the claim was by prescription, the length of enjoyment constituted a title where, on the other hand, the right...

...therefore it is not possible to have any direct evidence to establish the line of succession but could be derived in the doctrine of “lost grant”. It is open to the court to infer grant from immem..., on the principle of “lost grant”, the respondents should be deemed to be hereditary trustees.4. The definition of “hereditary trustee” is set out in the Act. Under the...use when such user is open, as of right and without interruption but grant will not be inferred if the user can be explained otherwise. The fiction of a “lost grant” is a mere presumption from long...

...of a grant, there being no ascertainable grantees. The doctrine of lost grant originated as a technical device to enable title to be made by prescription despite the impossibility of prov...fishery under a lost grant. This doc- trine has no application to the case of inhabitants of particular localities seeking to establish rights of User to some piece of land or water. As pointed ou...- ants-fishermen form a corporate body, or it is found that a trust was created for their benefit, such a body of persons could acquire no right by the doctrine of lost grant. A right to fish from the...

...ago." Where there is a plea of long user, an inference can be drawn of the lost grant, and in that case, it was user of 20 years which was held to be of immemorial nature. 11. Re...could be restrained from opening the gates on this disputed land. Learned Civil Judge has invoked the doctrine of 'lost grant' in favour of the plaintiff's. The incidence of easement and that ...be discovered. If a party has been using a particular land for a particular purpose from time immemorial, it can be said that he has earned that right on the basis of doctrine of lost grant. There is...

...apply the doctrine of lost grant. (g) That in the instant case as there is no rebuttal to the case of the plaintiffs of they having been using the portion at poin...point of time cannot rely upon the doctrine of lost grant, and such a plea is unknown to law. (d) Taking through the depositions of PW1 and PW2, she submits that,...the lower appellate court having found existence of pathway for more than 30 years and that it has been used by the plaintiff, invoked the doctrine of lost grant and granted...

.... They brushed aside the doctrine of lost grant with the following observations at page 59: "But such a right, just as much as an easement, had to...-- ' AIR 1950 PC 56 (D)', the doctrine of lost grant originated as a technical device to enable title to be made by prescription despite the impossibi...to contend that the right to bury the dead in the plaintiff's land can be sustained by invoking the doctrine of lost grant. Nor can he rely upon the doctrine of dedication for the said ...

...easement by prescription is proved, the existence of a pathway and its user as a matter of right for a long period is sufficient to invoke the principle of doctrine of lost grant in this ... vii) without interruption 12 12. So far as doctrine of lost grant is concerned, the plaint...question involved in the case unless it goes to the root of the matter. In fact, as stated earlier, the doctrine of lost grant has not been pleaded in this case. It is not the case of the appellan...

...of right. The learned counsel for the appellants also relied on the decision rendered Varghese v. Jose Mathew ((2014) 3 KLT 1065) and advanced a case of application of doctrine of lost ...declaration was sought and when the purpose or the declaration found to be incomplete or ineffective to an extent, due to the non-grant of a relief which ought to have been raised alone can be brought...P. Somarajan, J.:— The plaintiffs after suffering two decrees both from the Trial Court and the First Appellate Court in a suit for declaration of prescriptive easement and...

.... Therefore, in a sense, it is possible to hold that the doctrine of lost grant in this case is capable of giving a basis to the plaintiffs' suit.” The learned Judge also reached the conclusion that the....17. Then, there is another aspect of the whole matter and another ground, viz., doctrine of lost grant on which the conclusion we have reached may well rest. The learned Judge in the lower...conclusion that the plaintiffs could base the right claimed by them on the doctrine of lost grant. It has been argued before us by the learned Assistant Government Pleader that plaintiffs in the suit have...