Law:

Section:

Easements Act (V of 1882)-------S. 15---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 19582, S.3(3)---Right of easement---Evacuee property---'J' was allotted an evacuee property and Permanent Transfer Deed was issued on 10-4-1965; an adjacent property was acquired by 'C' through an auction held on 8-9-1960 and confirmed on 21-9-1960 and Permanent Transfer Deed was issued to him on 31-8-1963---'C' constructed a wall in his premises on the point where the two properties abutted each other---Dispute as to right of easement---Right of easement, if any, extinguishes the moment one person becomes the owner of dominant as well as servient heritages ---Central Government in the year 1959 having become owner of the properties. the right of easement, if any, resting in the evacuee was extinguished in that year---Such right could not be claimed so long as the Central Government remained owner of both the properties---Term "free from all encumbrances" used in S.3(3), Displaced Persons (Compensation and Rehabilitation) Act, 1958 meant disappearance of all aggregate rights including easements etc.---Once the property stood permanently allotted to two transfrees, it ceased to remain an evacuee property and the easement rights, if at all available, could be exercised thereafter provided the requirements of S.15, Easements Act, 1882 were fulfilled---Even if the parties, in the present case, could exercise easement rights, after 10-4-1965 or at the most after 31-8- 1963, the same had not been matured by the year 1971 when the suit was instituted---Principles. Section 15 of the Easements Act, 1882, provides that where the access and use of light or air to and for any buildings have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, the right to such access and use of light or air, support, or other easement, shall be absolute. On the other hand, it is an admitted fact, to the present case, that both dominant as well as servient heritages had once been evacuee properties. The Central Government had acquired the evacuee property through Notification No.U-8-79/3113 dated 21-8-1959. The legal effect of such acquisition…

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