Law: Easements Act (V of 1882)

Section: 17

  Easements Act (V of 1882)--- ----S. 17---Right of easement---Construction of housing scheme in the vicinity of plaintiff's land---Plaintiff claimed that he was cultivating his land by rain water stored every year during rainfall and that his family members depend on such rain water for their survival; construction of housing scheme in the vaccinate of that area would hinder rain water and plaintiffs right of easement to the use of such water would he infringed--- Rainfall in area in question being scanty, rainy season would usually last a few days in a year during which intermittent rain would fall in small quantity---Flow of water in area would be just a matter of chance and even in such contingency owners of land falling on way before plaintiff's land would too have the right to use the water from the alleged watercourse---Chance of water reaching plaintiff's land would further be reduced---Fact that plaintiffs land nearer to defendant had been shown as barren would also suggest that water from the rains through watercourse did not reach plaintiff's land---Easement as such could not be claimed on the basis of uncertain happening of such nature---Mere chance of flow of water, in a watercourse once in a while, thus, could not invest plaintiff with the easement claimed and such claim would also be hit by S. 17 (c), Easements Act, 1882,E which postulates that right to surface water not flowing in a stream and not permanently collected in a pool, tank or otherwise would not constitute easement---No case of easement was thus made out by plaintiff. Easements Act (V of 18112)--- ----S. 17---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Ad interim injunction against defendants---Construction on the' site ' in question, would not adversely affect the plaintiff; but same would benefit plaintiff in the shape of rise in the price of his barren land---Plaintiff also had no right of easement as claimed---Plaintiff was not entitled to grant of ad-interim injunction. Habibullah Sarno for Plaintiff. Z.U. Ahmad and Niazy A. Khaliq with Amjad Hussain for Defendants. ORDER By this order I propose to dispose of the plaintiffs application…