Law: Easements Act (V of 1882)

Section: 15, 13(a)

(a) Easements Act (V of 1882)  S. 15 read with Displaced Persodg (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 3Evacuee propertyEasement= Phrase "free from all encumbrances"House transferred to respondent and shops transferred to petitioner both belonging to same evacueeNo right of easement existing as long as properties remained in such evacuee's nameProperties acquired by Central Government in 1947 on owner's evacuation and subse quently vesting in Central Government free from all encumbrances Phrase "free from all encumbrances" meaning disappearance of all aggregate of rights including easements house being transferred to respondents, for first time in 1959 and a period of 20 years having not elapsed by time of institution of suit, no right of ease ment, held, accrued to respondent. Muhammad Afzal.v. Nafis Ahmad and others P L D 1962 Lah. 45 ref. (b) Easements Act (V of 1882)  S. 13(a)Easement of necessityPlaintiff held, must not only prove existence of right of easement at time of transfer of property to him but also such right being necessary for enjoying transferred property. Dates of hearing : 4th and 6th November, 1979.                                                                                                                      JUDGMENT The petitioner has by this petition called in question the propriety of F the judgment and decree dated 20th November, 1977 whereby the learned Additional District Judge, Gujrat accepted the appeal and decreed the suit of the plaintiffrespondent. 2. It was alleged that for more than 20 years the plaintiffrespondent was occupying the house transferred in his name, and since then he was enjoying continuously the right to pass rain water of his house top from over the roof of the adjacent shops belonging to the petitioner and that the cause of action accrued to him when the…