MADAN GOPAL BHATNAGAR Vs. JOGYA DEVI

JUDGEMENT

(1.) This appeal by special leave which is directed against the judgment and order dated 17/11/1976 of the High court of Judicature at Allahabad in S. A. No. 886 of 1975, raises a very interesting question of law viz. whether a lessee of land taken by him for building a house can for his own benefit acquire an easement of way or of flow of water over other land of his lessor. Though this question seems to have arisen a number of times in different High courts of India, it 19 aquestion of first impression so far as this court is concerned as it was left open in Chapsibhai Dhanjibhai Danad v. Purushottam.

(2.) For a proper determination of this question, it is necessary to refer a few provisions of the Indian Easements Act, 1882 (V of 1882) (hereinafter called 'the Act').

(3.) S. 4 of the Act defines 'easement' as 'a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own'.