Search Results for "prescriptive easement"

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Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court Dismisses Second Appeal in Property Dispute Involving Succession and Adverse Possession. Court upholds concurrent findings that appellant failed to prove title or adverse possession over suit property.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Custodio Gama, against the judgment and decree of the District C...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Court held that no substantial question of law arose for consideration under Section 100 of the Code of Civil Procedure, 1908.

The case involves a second appeal filed by the appellants against the judgment and decree of the first appellate court which confirmed the trial court...

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Bombay High Court Allows Second Appeal in Easementary Right Case — Finds First Appellate Court Failed to Consider Evidence Properly. Suit for declaration and injunction regarding right of way over defendant's land remanded for fresh consideration.

The case involves a dispute over an easementary right of way. The plaintiff, Shrawan Natthuji Bagul, claimed to be the owner of field S.No.27/3 (Gat N...