...- “easement rights”. Both the authorities held that such easement rights cannot be considered for tax liability under Construction of Residential Complexes. It was held that the consideration should be...the lower authorities that no additional tax can be collected as the main activity itself is not taxable. We note that the concurrent findings of the lower authorities on the issue of easement rights and...with respect to consideration of easement rights, the findings by the lower authorities cannot be interfered with either on factual or legal basis. We find no merit in the appeal filed by the Revenue. Accordingly, the appeal is dism...

...private person on the allegation of encroaching into a road, which divides plot nos. 8 and 8/1 of the petitioner affecting his easement rights and same is illegal and, therefore, respondents have to...affecting easement rights of petitioner. If that being so, petitioner ought to have availed civil law remedy. In exercise of power of judicial review under Article 226 of the Constitution of India, this...Court cannot go into the aspect of encroachment of the road and affecting the easement rights of the petitioner by a private person. Thus, leaving it open to petitioner to work out remedy as available in law, Writ Petition is dismis...

...of the grant alleging that the grant has materially affected their easement rights of gauchar, grass etc. During the pendency of the suit on 9-3-1953 the Commissioner incharge Kumaun Division made a...grant would materially affect their easement rights. It did not consider it necessary to go into the other issues, but incidentally remarked that the appellants had failed to prove that the Commissioner...had failed to prove that the grant would materially affect their easement rights. As regards the other question whether the grant was liable to be cancelled on the ground that the respondent was not...

...abutting the petitioner's property is now proposed to be assigned to the 6threspondent in a manner that will affect the easement rights of the petitioner. 2...easement rights of the petitioner is not correct. It is submitted that when steps are taken to assign road puramboke, it will be ensured that the easement rights (if any) of neighbouring property owners are...not affected in any manner. It is submitted that the 3rdrespondent can be directed to hear the petitioner and consider whether any easement rights of the petitioner will be affected, if the...

...wide frontage, appertaining on Rash Behari Avenue.5. The battle over easement rights over this passage has been raging for quite sometime, not only between these parties, but their...& Another Suit:12. Now, on 29th March, 1990 Smt. Bivarani Chatterjee sold this property to the respondents. The deed of conveyance provided for transfer of, inter alia, easement rights over...Additional District Judge reversed that order and granted the order of injunction restraining the petitioner from interfering with the easement rights of the respondents over the said passage...

...point. Sect. 12 of that Act enables only owners of immoveable property to acquire easement rights and not persons who are mere lessees. If a lessee by his user acquires any easement right over another's...position to acquire any easement right over the respondent's land as they were his tenants. The fact that the tenants were permanent tenants was held to make no difference on this point in the...which the easement is claimed was originally Government land or land belonging to the appelant's landlord is immaterial on the above view. It now admittedly belongs to the latter and any claim by way...

..., seeking declaration as to easement rights in respect of the suit property and consequential reliefs. In such suit, the plaintiffs/petitioners filed an application for repairing the alleged pathway...over which easement has been claimed. Such prayer for repair being refused by the impugned order dated May 11, 2018, the present revision has been preferred. It appears from the...

.... (2006) 5 SCC 545. It is further contended that the easement rights for not granted specifically to the defendant No. 2 as the...recitals in the sale deed are generic in nature usually put by the deed writers so as to confer complete title over the land sold to the defendants but that will not include the grant of any easement rights to...easement rights reserved for defendant No. 2 which recital is supported by a strip of land 16 feet wide which provides access to the plot of land purchased by defendants and also to the plaintiff. Once...

...an injunction restraining the defendants from interfering with their grazing and other rights. In the alternative, the plaintiffs claimed easement rights over this land.4. The...thirdly that the plaintiffs had no rights of easement.5. The Trial Court (Senior Sub-Judge Nahan) found that the suit lands belonged to the defendants and were in their possession as...proprietors and not as Benamidars. It further held that the plaintiffs had no easement rights. Consequently it dismissed the suit.6. The plaintiffs then went up in appeal to the learned...

...1. This revision petition by two plaintiffs was admitted by this Court on 23-11-1954, on the following point:“Whether in the erstwhile Mandi State easement rights could be...urged by the respondent's learned counsel that under the Mandi State Laws, no rights of easement could be claimed or acquired against the. Darbar property. Mr. Thakar Parshad, who appeared for the.... 3 of Regulation V of 1975, did not mean that easement rights could not be acquired against the Darbar. He also invited my attention to the Mandi Limitation-Amendment Act of 1997 Sm. Under...

...following aspects,- a)Title or ownership of the site or building. b) Easement rights. c...not confer any title or ownership of the site or building or easement rights or otherwise. That being the principle, the petitioner, if at all aggrieved from and out of the actions of the sixth...

...of the respondent and the appellant-plaintiff has no right whatsoever upon the same?4) Whether the appellant-plaintiff has acquired easement rights over the disputed property (gali) by...obligatory on the Courts below to give a finding on the issue of title and ownership.As regards question No. 4, the existence of any easement rights is also a question of fact.Resultantly, all the que...

...then no right exists to carry water through that watercourse and there is no question of restoration of demolished watercourse by the Canal Authorities unless the user had acquired easement rights to...

...unauthorized constructions, if so, who has undertaken the said constructions and how they are unauthorized. As far as easement rights of the petitioner is concerned, the same can be adjudicated by way of a suit...

...hindrance in easement rights of petitioners situated at 9B George Town, 10, Louther Road, Prayagraj during pendency of the Suit No. 1366 of 2024 (Santosh Kumar Tripathi & 2 Others Vs. Amit...

..., other wise it will be necessary to prove animus in every case.Divatia, J.:—Sections 4 and 15 of the Indian Easements Act do indicate that rights of easement must be enjoyed over the.... The decision of this Court was given on August 2, 1939. Thereafter the plaintiff brought the present suit on February 3, 1940, in which he based his claim on certain easement rights over the terrace...he claimed the terrace as of his own ownership and in the present suit he claims certain easement rights over the same terrace treating it as of the ownership of the defendant. In doing so, the learned...

..., improvements, easement rights and appurtenant thereon situated in Survey No: 238/7 within East Chalakudy Village, Chalakudy Taluk, Thrissur District, owned by Mr. Benny U.V another extent of 11.53 Ares and...all other constructions, improvements, easement rights and appurtenant thereon situated in Survey No: 277/2 within East Chalakudy Village, Chalakudy Taluk, Thrissur District owned by Mr Benny U.V and...Mr Martin U.V and the property extends 81.18 ares and all other constructions, improvements, easement rights and appurtenant thereon situated in Survey No: 587/2 within Muringanoor Thekkummury...

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...Court of Kerala at Ernakulam, by which the High Court had affirmed the concurrent findings of fact arrived at by the courts below in a suit for declaration of easement rights in respect of B schedule...Katiyar's note to Section 8 of the Easement Act, which reads as follows:“There are numerous cases in which an agreement to grant easement or some other rights has been...convenience, the appellants herein would be referred to as “the defendants” as they were in the original suit for declaration of easement and permanent injunction filed by the original plaintiff, who is now...

...specifically mentions the details of the land sought to be sold such as extent and boundaries. It also refers the easement rights and the period in which the sale has to be completed. The recital reads as under...presumption against time being the essence of the contract. This principle is not in any way different from that obtainable in England. Under the law of equity which governs the rights of the parties...