AIR 2008 MADHYA PRADESH 105 ::2008 (2) All LJ NOC 512 ::2008 (3) ABR (NOC) 399 (MP) ::2008 (2) AJHAR (NOC) 411 (MP) ::2008 (3) AKAR (NOC) 393 (MP) ::2008 AIHC NOC 325 ::(2008) 3 MPLJ 189 ::(2008) 1 MPHT 293

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Shrivastava , J

(A) Easements Act (5 of 1882) , S.15, S.19— Prescription of right of easement of way - Easementary right is in respect of way on servient heritage to approach dominant heritage - Plaintiff is bound to prove his case that he has used way peaceably, openly as an easement for last more than 20 years and except this way there is no other alternative way available to plaintiff to approach dominant heritage - Merely because dominant heritage was being used for purpose other than residential - Would not forfeit right of easement or it cannot be said that plaintiff had not acquired right of prescription of easement of way on servient heritage. (Para 18 19 21) (B) Easements Act (5 of 1882) , S.4, S.15— 'Easement' defined - For beneficial enjoyment of land an easementary right can be claimed - Expression 'land' explained in explanation to S. 4 - Will include a house - Word 'building' used in S. 15 has a broader spectrum. (Para 21) (C) Easements Act (5 of 1882) , S.15, S.4— Right to use servient heritage as way - Plaintiff need not be owner of dominant heritage for claiming right to use servient heritage as way - S. 4 uses words 'owner' as well as 'o....