Law: Easements Act, 1882

Section: 4,13,15,52

(a) Easements Act (V of 1882)--- ----Ss.13 & 15---Right of way, claim for---Properties belonging to both parties being adjacent and facing road---Entrance right to plaintiff's property claimed by him through main gate of defendant's property---Validity---Record showed that defendant's father, who expired in year 1972, had issued licence to plaintiff to use such gate---Plaintiff being licensee could not get renewed such licence from legal heir of grantor---Plaintiff having a road facing his property could fix own separate gate for his ingress and egress---Plaintiff's claim was rejected in circumstances. Alagiri Chetty and another v. Muthuswami Chetty and others AIR 1940 Madras 102 and Messrs Pakistan Warranted Warehouse Limited v. Messrs Sindh Industrial Trading Estates Ltd. 1991 SCMR 119 rel. (b) Easements Act (V of 1882)--- ----Ss. 4 & 52---"Easement" and "licence"---Distinction stated. By virtue of S.52 of Easements Act, 1882, a right which is a licence cannot be an easement. Except that a licence and an easement both are rights exercisable on the property of others and there is nothing in common between them. The essential difference between them is that while an "easement" is a right for the beneficial enjoyment of a dominant heritage and a "licence" is a personal right unconnected with any property of the grantee. The "licence" originates in permission while an "easement" arises out of grant or prescription. A licence is revocable at the will of grantor except when it is coupled with grant and also it is mandatory law that the "licence" is not binding on the transferee of the grantor. THIS ORDER PASSED BY: HABIB-UR-RAHMAN SHAIKH, JUSTICE:---.--- The applicants, through this Civil Revision Application, have challenged the order dated 31-5-2005 passed by the learned VIIth Additional District and Sessions Judge, Karachi South in Civil Appeal No.190 of 2004, whereby the learned Appellate Court dismissed the Appeal of the applicants and upheld the order dated 9-9-2005 passed in Suit No.863 of 2000 by the learned IVth Senior Civil Judge, Karachi South, who while allowing the applications moved by the respondents, rejected the plaint under Order VII, Rule…

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