AIR 1960 MYSORE 170 ::ILR (1958) Mys 632

Mysore High Court

Hon'ble Judge(s): S. R. Das Gupta , J

Easements Act (5 of 1882) , S.13(a)— Scope of - Easement of necessity - Severance of tenement - Right of way. On reading the several cls. (a), (b) and (c) of S.13, it does not appear that cl. (a) was intended to apply to the same kinds of easements as are mentioned in cl. (b). Cl. (a) refers to easements of necessity while cl. (b) refers to easements of qualified necessity. if it becomes necessary for the transferee, after there has been severance of the tenement, for enjoying the subject of the transfer or bequest to have an easement over the other immoveable property of the transferor, then it is a case of easement of necessity and comes within cl. (a) of S. 13. No doubly such necessity must be an absolute necessity. But once there is such an absolute necessity for enjoying the subject of the transfer it is not necessary that the conditions mentioned in cl. (b) should be present in order to entitle the transferee to have such easement,