AIR 1957 MADHYA PRADESH 44 ::1957 JabLJ 190 ::1957 MPLJ 91 ::ILR (1957) MP 1

Madhya Pradesh High Court

Hon'ble Judge(s): Hidayatullah , C.J.

Easements Act (5 of 1882) , S.52— Licensee cannot sue. Transfer of Property Act (4 of 1882) , S.105— In the house which belonged to A, it was a customary right of the Bengalis of the town to instal at Dasehra the image of Debi. One B started using the land appurtenant to A's house as a passage and constructed drains etc. Two members of the Bengali community of the town, therefore, brought a suit for permanent injunction against B prohibiting her from such user : Held, that an easement right is carved out in favour of a dominant heritage and is imposed on a servient heritage. In every case the right is exercised qua owner or occupier of a dominant heritage and falls as a burden on the owner or occupier of a servient heritage. It was for A the owner and not for the plaintiffs who were mere licensees enjoying licensee rights for a few days in a year to resist by suit the right claimed by B. Such a suit was not open to licensees. Anno : AIR Man. Ease. Act, S. 52, N. 2, 3. AIR Com., T. P. Act, S. 105, N. 13, Pt. 4. .....