...60(b) of the Indian Easements Act, 1882 (hereinafter called the “Easements Act”) holding the licence to be irrevocable on the principles of “justice, equity and good conscience”. The High Court relying on ...the Easements Act was now being sought for the first time in the second appeal had been raised in the written statement; that no issue had been framed and no evidence was led by the parties before the trial court regarding the avail...substantial question of law was involved in the appeal but even otherwise no relief could have been granted to Respondent 1 on the basis of Section 60(b) of the Easements Act, as that Act does not apply to...

...Section 60, Easements Act, under which a license cannot be revoked when, the licensee, acting upon the license, has executed a work of a...

...upon the licence he has executed works of permanent nature and incurred expenses in execution of the same, his licence cannot be revoked by the grantor under Section 60(b) of the Indian Easements Act, 1882...appeal the appellant-defendant wanted to amend the written statement by taking a plea that in case he is not held a lessee, he was entitled to the benefit of Section 60(b) of the Indian Easements Act, 1882...entitlement to the benefit of Section 60(b) of the Indian Easements Act, 1882 only subject to his paying all the arrears on account of licence fee and costs assessed at Rs 3000 within a period of one...

...of licence. It is contended that under Section 60, Easements Act, a licence may be revoked by the grantor unless the...grant and therefore Section 60, Easements Act will not come into operation. 6. The next point that...Section 115, Evidence Act, from disputing the right of the vendee in the property transferred under the sale deed...

...expenses in its execution and therefore, the license had become irrevocable under Section 60 of the Indian Easements Act, 1882 (for short “the Act’). The notice seeking to resume the land in dispute is...paragraph from the judgment is extracted below:— “Section 60, Easements Act, was pleaded by the defendant throughout, and I may concede for the defendant that the construction...: “In the absence of any express term to the contrary, the case would come under Section 60, Easements Act, under which a license cannot be revoked when the licensee...

...provisions of Section 60, Easements Act, would apply to the case. In my judgment the suit as framed cannot succeed and I therefore ...guided by the provisions of the Transfer of Property Act. According to the provisions of section 111, a lease determines...provisions in the Transfer of Property Act, for relief against forfeitures of other kinds, but there are no provisions for relief against a forfeiture when th...

...denied. Section 60, Easements Act, prescribes the conditions under which a licence may be revoked. It reads...Section 116, Evidence Act, in support of his contention that the law of forfeiture will apply equally to a lease as well as licence.... Under Section 116, Evidence Act, "No tenant of immovable property, or person...

...Section 60, Easements Act, and has held that the grantor is not permitted to revoke the license, as the licensee acting upon the li...land permanently. 10. The learned Counsel for the appellant has referred to Section 59, Easements Act...can in no way be considered a lease as defined in section 105, t.p. act (act & of 1882). 5. All that has been decided in the above ease is that a kabuliyat which is a registered...

...the house upon it and the suit was, therefore, in any event barred by Section 60 of the Easements Act. As I said...executed by the defendant containing certain terms on which the defendant accepted to build a house on the land. The document having been legally proved the defendant must be held bound by it. Section 60 of the Basements ...the absence of any express terms to the contrary, the case would come under Section 60 of the Easements Act, under...

...licensees, but under Section 60 of the Easements Act, the license cannot be revoked.4. There can be no doubt...Section 60 of the Easements Act. It was held that although the kirayanama could not operate as a lease, the defendant was legally b...disentitled the defendant from deriving advantage conferred by Section 60 of the Easements Act.5. There is...

...holds an irrevocable license under section 60(b) of the Easements Act. The facts necessary for disposal of this petition appear in paragraphs 2, 3 and 4 below: The...clause (b) of section 60 of the Easements Act did not arise, for consideration. In appeal suit No. 27 of 1989 filed by the defendan...the learned Sub Judge came to the conclusion that all the material required for making out a claim of irrevocable license within the meaning of section 60(b) of the Easements Act, was...

...the transaction amounted to a licence only and since, the defendants had made permanent constructions on the premises in suit, the licence was irrevocable under Section 60(b) of the Indian Easements Act, 1882...the licence was irrevocable under Section 60(b) of the Indian Easements Act. He urged that the defendants had failed to raise necessary pleadings on the question, no issue was framed and no evidence...further plea that he was protected under Section 60(b) of the Indian Easements Act as he had executed works of permanent character on the land incurring heavy expenses. This Court rejected the submission...

...under the plaintiff. He, however, went a step further and held that though the defendant was a licensee, he was covered by the protection under section 60 of the Indian Easements Act, 1882...under Section 60(b) of the Easements Act, 1882. Counsel, therefore, submits that the appellate court committed manifest error of law in deciding the question of...irrevocability of the licence under Section 60(b) of the aforesaid Act for the first time without any pleadings or evidence in that regard.4. Mr. S.A Laskar, the learned counsel for...

...barred by Section 60, Easements Act. It would seem that the defendant claimed permanent rights against the terms of the...Section 107, Transfer of Property Act. He further found that plaintiffs had failed to substantiate their bona fide personal requirement in his view the defendant was not a defaulter...Section 106, Transfer of Property Act. He affirmed the dismissal of the suit. The plaintiffs have come up on second appeal to this court. Their learn...

...dispute by construction of a residential house, acting under the agreement, the licence in their favour has become irrevocable by virtue of clause (b) of Section 60, Easements Act, 1882.15...Property Act, 1882 and in view of the fact that the defendants cannot be permitted to raise the plea enunciated under Section 60(b) of the Easement Act, 1882, the mere fact.... Section 119, Transfer of Property Act, 1882, provides:—119. Right of party deprived of thing received in exchange. If any party to a...

...Section 60, Easements Act, as pursuant to the licence given substantial structures were put up by the defendants. That is no eviden...law as something equivalent to an irrevocable licence granted by the owner of soil to the use of the public. Dedication of a piece of land to a limited section of the public such as the inhabitants of...

...question of law was framed:“Whether the lower appellate court is right in holding that Section 60 of the Easements Act will not apply to the case when construction...Thiagarajan v. Sri Venugopalaswamy B. Koil (2004) 5 SCC 762, JT (2004) 5 SC 54 this Court has held that the High Court can exercise its jurisdiction under ...

.... 5. The appellant was only a licensee of the plot in question and it is well settled that a licensee has no right vide section 60 of the Easements Act. Moreover the period of license expired a...(Eviction of Unauthorised Occupants) Act, 1971 should have been followed by the authorities, but it was not followed. In our opinion, this argument is based on a total misconception. The object of...the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is to forcibly evict unauthorised occupants who are deliberately remaining in occupation of public premises unauthorisedly. Hence...

..., underlying Section 60 of the Easements Act, even though the said Act was not applicable.4. Reliance for t..., extended to him the protection, which, according to them, was available under Section 60 of the Easements Act, on the...relief or protection, either under Section 60 of the Easements Act or the principle, underlying the same, or, even to...

..., trial Court found that the defendant is not entitled to continue in possession. Her claim under Section 60(b) of the Easements Act cannot be sustained. The trial Court found...respondent is entitled to the benefits of Section 60(b) of Easements Act in the absence of any pleadings or evidence to that effect? and2) Whether the lower appellate...passed a decree in favour of the plaintiff. It said that Section 60(b) of the Easements Act will have no application to the facts of this case.15. But, when the...