AASMATI HALBA (NOW DEAD) Vs. BUTKI BAI

JUDGEMENT

(1.) S.A.No.1201/1998

(2.) Whether the finding of the 1st appellate court in creating a right in favour of the appellants by granting benefit under Easement Act to the defendants is proper, legal and justified?

(3.) Original plaintiff Parvati, widow of Udkudi Panara, who died during the pendency of suit, had filed a suit for declaration of her title and permanent injunction stating inter alia that she was the duly recorded bhoo-dhari of 0.17 acre of land bearing Khasra No.664 situate in Village Geedam, Tahsil Dantewada, District Bastar. It was further pleaded that on a small portion of the land, she had constructed a residential house and rest of the land was lying vacant and in the year 1968, husband of defendant No.1 Indrabhan Singh came to Village Geedam on being transferred as Teacher along with his wife defendant No.1 and his son defendant No.2 and hired a house adjacent to the plaintiff's house, and on the request of Indrabhan Singh, he was allowed to raise a temporary mud-made structure for his residence over a small portion of the plaintiff's open land on the specific condition that as and when he will be transferred from Geedam, he would pull down the so raised mud-made temporary superstructure and remove the same at his own costs and leave the land vacant in its original condition which was agreed and consequently, the temporary structure was allowed to be constructed on 0.06 decimal of her land. It is the case of the plaintiff that it was a revocable license in favour of Indrabhan Singh, but before he could be transferred, he died in the year 1978 and according to the plaintiff, temporary and irrevocable license granted to him by the original plaintiff stood revoked by operation of law as provided in clause (f) of Section 62 of the Indian Easements Act, 1882 (for short, 'the Act of 1882'). It is the further case of the plaintiff that she asked defendants No.1 & 2 to vacate her land and give possession to her which was refused leading to filing of the instant suit for injunction and recovery of possession.