Law: Easements Act (V of 1882)

Section: 1,2(c),15

Law: Limitation Act (IX of 1908)

Section: 29

  Easements Act (V of 1882), Ss. 1 & 2(c)-Act adapted and made applicable to whole of Pakistan by Adaptation of Central Acts and Ordinances Order, 1949-Date of enforcement fixed by Act itself to be 1st of July 1882-Expression "any right acquired, or arising out of a relation created before this Act comes into force"-Refers to period prior to 1-7-1882-Interpreta tion of statutes-"Local extent" and "commencement" of -law-Different concepts.   Observation in Aghore Bandhu Guha v. Mukul Kumar Roy P L D 1959 Dacca 891, held, made through inadvertence.   Easements Act (V of 1882), S. 15-Prescriptive easement--- Customary right and right of easement acquired by prescription-- Distinction -Presumption of "lost grant"-When available.   A customary right is a right of a kind which is different from an easement acquired by prescription.   Harisadhari v. Radhika Prasad 66 C J J 270 ref.   The presumption of a lost grant is not available merely upon establishment of user for a period of twenty years or more. The most important thing to be considered is, whether the situa tion itself raises a presumption of a grant. This is the most important aspect of the situation. To raise the presumption, there must have been grant, which is presumed to have been lost in course of time. What such a course of time or period should be, is a matter which must depend on the facts and circumstances of each individual case:   Annapurna v. Santosh Kumar Sett A I R 1937 Cal. 661 ref.   (c) Easements Act (V of 1882), S. 15 & Limitation Act (IX of 1908), S. 29-Prescriptive easement-Limitation-Section 15, Easements Act, being special provision of special Act, prevails over general provisions of Limitation Act, 1908-Interpretation of statutes.   JUDGMENT   This appeal raises some very interesting points and has had a chequered career. A suit was instituted by plaintiffs in October 1950, and it was numbered as O. C. Suit No: 116 of 1953. Plaintiffs' case, in substance, is, that there existed a breach in an ail, which is a boundary line dividing defendants' land from that of plaintiffs. Through…