..., his licence could not be cancelled, as provided under Section 60 of Easement Act. The learned counsel submitted that defendants-appellant being in possession for 10/11 years, plaintiffs claim for...any benefit under Section 60 of Easement Act. The learned counsel submitted that the lower appellate court has given the finding of fact that defendant-appellant was in possession from 1361F. and this...provisions of Section 60 Easement Act. The provisions of Section 60 are given below.“A licence may be revoked by the grantor unless.—(b) the licensee, acting upon the...

...with permission to construct. Such a licence is irrevocable in view of section 60 (b) of Easement Act.9. Accordingly, the following substantial question of law is involved in this second...appeal.—(1) Whether licence granted by previous owner Jagdish Sugar Mill became irrevocable in view of section 60 (b) of Easement Act?10. Section 60 ...

...was specifically provided that the power of resumption of the land in dispute would remain with the grantor and therefore, Section 60 of the Indian Easement Act, 1882 will have no application. In...and not the land. The Union of India retains unfettered right of resumption any time by giving one month notice. Effect of Section 60 of the Easement Act .... Indisputably the structure built was a permanent structure. Section 60 of the Easement Act reads as follows:— “60. License when revocable.— A license may be revoked by the...

...the lower appellate Court fail to exercise its jurisdiction in not appreciating the evidence in the suit to entire a finding on Section 60(b) of the Easement Act.”3. The suit for...eviction was sought to be resisted by the defendants relying on Section 60(b) of the Easement Act. According to them, based on the licence, permanent structures have been erected in the property making...the license irrevocable. The Appellate Court has failed to appreciate and discuss the evidence on the plea under Section 60(b). The first appellate court being the final court on facts was bound to...

...became owner on account of transfer of licence by the order of the Municipal Secretary. The original plaintiff claimed that he is grantee of irrevocable licence under section 60 of the Easement Act. ...execution of works. Therefore, the original plaintiff could not have claimed benefit of section 60 (b) of the Easement Act. Substantial questions of law... (a) and (b) of Section 60 of the Easement Act will have no application to licence even if granted by Municipal Secretary under the City of Nagpur Municipal Corporation...

...? 6.whether the plaintiff proves that he is a licencee in the suit property and his licence become irrevocable under Section 60 Easement Act? ...law. It is also contended that the legal notice issued by the defendants under Section 106 of the Transfer of Property Act was not maintainable in law or on the facts, as no Courts have confirmed the...the plaintiff for ejectment. The said suit was dismissed for want of issuance of notice under Section 106 of the Transfer Property Act. That defendants have initiated a fresh proceedings which is still...

....Section 56 of Easement Act:- Licence when transferable - Unless a different intention is expressed or necessarily implied, a licence to attend a public entertainment may be transferred by the licensee; but,...intention must be gathered from the terms of the grant, be inferred from surrounding circumstances or be found as an incident of legal usage. In order to be irrevocable under Section 60 of the Easement Act, a...relating to “license. Section 52 of Easement Act :- “License” - Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable...

...extending the benefit of the provisions of section 53A of the Transfer of Property Act and section 60(6) of the Easement Act to the defendant No. 1.2. Thi...filed Title Suit No. 4/77 which was dismissed for default. Hence, the defendant pleaded protection under section 60(b) of the Easement Act and under...to disagree. The protection extended under the provisions of section 53A of the Transfer of Property Act and the provisions of section 60(b) of the Easement Act appear t...

...was that by virtue of the provisions of Section 60 of the Easement Act, the licence of the land was irrovocable because the licensee Bai Dahi acting upon the licence had...envisaged either by the licensor or by the licensee, in the sense in which this term is understood in terms of Section 60 of the Easement Act.8. Mr. Vyas, however, urged that as this question...of a permanent character or not. The work ‘permanent character’ occurring in Section 60 has been the subject-matter of judicial pronouncement in the case of Dayaram v. Deorao AIR. 1926 Nagpur 376. In...

...construction of permanent character and, therefore, even as licencee he is entitled to the protection under section 60 of the easement act which provides that a license may be revoked by the grantor...additional construction for which the respondent does not claim any title. He, however, cannot claim protection of section 60 of the easement act in respect of the other property which forms the basis of...

...unless comes under Section 60(b) of the Easement Act is revocable as and when the plaintiff chooses to do so. It is not disputed by the plaintiff that the defendant is...Section 60(b) of the Easement Act is not attracted. A licence is a permission granted to do some work on the property of the grantor. Therefore, installing pump set, erecting pump shed...Section 60(b) of the Act. The lower appellate court also rightly held that the burden of pleading and proving that the licence is one that comes under Section ...

...became owner on account of transfer of licence by the order of the Municipal Secretary. The original plaintiff claimed that he is grantee of irrevocable licence under section 60 of the Easement Act.3...benefit of section 60(b) of the Easement Act.9. Substantial questions of law raised above are therefore answered as:(a) ..No(b) ..No...Secretary in law can only grant such licence which can be revoked or withdrawn, in view of statutory powers to evict person from Corporation premises. Clause (a) and (b) of Section 60 of the Easement ...

...Hospital. It is settled law that a licence can be terminated at any time vide Section 60 of the Indian Easement Act. In our opinion the licence of the petitioner was not...coupled with the transfer of property, nor was the licensee permitted by the licensor to execute work of a permanent character. Hence clauses (a) and (b) of Section 60 of the Indian Easement ...of the petitioner.6. A licence is defined in Section 52 of the Indian Easement Act as follows:“Where one person grants to another, or to a...

...shelter of the provisions contained under Section 60(b) of the Indian Easement Act, which is quoted hereunder:—“60. License when revocable. - A license may be revoked by the grantor...the implication of Section 60(b) of the Easement Act as aforesaid on the pretext that the grant thus executed in his favour on 8 April, 1981, though, it was for the purposes of construction of the...accommodation as per the terms of the grant and, as such, he can invoke and take the shelter of Section 60(b) of the Easement Act, which according to the counsel for the petitioner restricts an action to...

...adjudication and for consideration of the issue regarding protection to the defendant/ respondent under section 60 of the easement act without considering that the indian easement act does not have any...

...on, PHE Department merged in Kerala Water Authority on its constitution. 2. The matter would squarely come under the purview of an irrevocable licence under Section 60 of the Indian Easement Act as...

...of the license as contemplated under Section 60 of the Easement Act and, for the purposes, he has filed application on 7th September, 2017, praying for framing of an additional...issue as to whether the license of the plaintiff/ appellant has become irrevocable in view of the provisions contained under Section 60 of the Easement Act. It is this application for framing of...which, an additional issues is being sought to be framed pertaining to the impact of Section 60 of the Easement Act, though, it is desirable to be framed at an appellate stage and to be decided by the...

...Pai, who is one son of Dasa Pai. The plaintiffs claim an irrevocable licence under Section 60(b) of the Easement Act. The defendants attempted to evict the plaintiffs by...have to be adjudicated if it falls under Section 60(b) of the Easement Act.7. Learned counsel for the plaintiffs took up another contention based on the decision...the basis of the evidence adduced found that the irrevocable licence claimed under Section 60(b) of the Easement Act could not be established. I find no illegality in that...

...following are such substantial questions of law:“I) Whether or not the learned First Appellate Court was right in applying the provisions of Indian Easement Act, 1882 and/or Section ...permanently it could be said that the defendant denied the title of the plaintiff and as such the defendant is not entitled to get any benefit of Section 60(b) of the Indian Easement Act....learned Trial Court was also of the view that in order to get any benefit of Section 60 of the Indian Easement Act, both the Clauses (a) and (b) are to be...

...must notice at this stage one of the grounds urged for adjudication before the learned trial Court was that suit of the plaintiff is barred under Section 60 of the Indian Easement Act. The learned trial...herein was the bar imposed under Section 60 of the Easement Act. The learned District Judge holds that Section 60 (b) of the Act as aforesaid provides that t...as provided under Section 60(b) of the Act. On the evidence on record, the learned District Judge negates such contention. This is a finding of fact arrived at by the two Courts below...