AIR 1955 ANDHRA 199

Andhra Pradesh High Court

Hon'ble Judge(s): Umamaheswaram , J

Transfer of Property Act (4 of 1882) , S.52— Right to immovable property - Easement. Easements Act (5 of 1882) , S.4, S.8, S.19— 26 Bom 140, Not followed. Under the provisions of the Easements Act, an easement is a right or interest in immovable property.(Para 3) Where, therefore, A obtained a decree against B's vendor for an injunction restraining him from interfering with his right to drain off water through his lands and B purchased the property after the passing of the decree: Held that, though an injunction being personal does not run with the land, the terms of S.52 applied to the case and so the only course was to execute the decree as against B and not to file a separate suit. Anno : AIR Man.: Easements Act, S.4 N.1; S.8 N.1; S.19 N.1. AIR Com.: T.P. Act, S.52 N.14; 1949 Mulla: S.52 P.246 N. (18) "The right......... question" (AIR 1940 Nag 8 and AIR 1936 Pat 571 not noticed in Mulla-See also N. (19) "Misdescription" on P.252 in Mulla, where AIR 1937 Bom 244 is not noticed-Part of topic discussed in N. (18) in Mulla discussed under appropriate headings in different notes in AIR Com., e.g., Ns.17 to 26). .....