LAW FOR ALL

Indian Easements Act, 1882 - s.13(b) - Easement rights - Easement by grant - Suit for declaration of easement rights over `B' schedule property of the plaint as a pathway to `A' schedule property of the plaint - `A' Schedule property had been allotted to plaintiff in terms of a settlement deed - `B' Schedule pathway was situated within property under control and use of defendants - Held: Grant can be by implication as well - There was implied grant of `B' schedule property as pathway, which can be inferred for the reason that no other pathway was provided to plaintiff for access to `A' schedule property and there was also no objection from defendants to use of `B' schedule property by plaintiff as pathway for number of years, at least up to the time, when alone cause of action for the suit arose - Plaintiff acquired right of easement in respect of `B' schedule pathway by way of implied grant. = Sree Swayam Prakash Ashramam & Anr. ...Appellants VERSUS G. Anandavally Amma & Ors. ...Respondents = published in http://judis.nic.in/supremecourt/helddis.aspx