AIR 1940 ALLAHABAD 324

Allahabad High Court

Hon'ble Judge(s): Collister , J

Easements Act (5 of 1882) , S.60(b)— Licensee given license to build house on certain plot building house on portion of it and using @page-All325remaining vacant portion as sahan darwaza - He can maintain suit for possession - As against licensor his license is unrevocable. It is only reasonable that a person who builds a house in a village should have the use of as much vacant land outside his house as is necessary for the proper enjoyment of his house. Such vacant land is appurtenant to the house as sahan darwaza. Hence where a licensee who has been given a license, proceeded to build the house, keeping a portion of the land vacant in order that he might use it as his sahan darwaza, he has a possessory interest in the land to which the license relates such as will entitle him to maintain a suit, whether against his licensor or against a third party. As against the licensor the license is unrevocable under S.60(b) :(Para 326C1)