How to acquire easement of prescription

Now examining the right under Section 15 of the Act, it is clear that the following ingredients are required to be satisfied to claim right of way by easement of prescription.

(a) right must be certain,
(b) it must have been enjoyed,
(c) the enjoyment must be independent, and
(d) it must be peaceably and openly as of right without any interruption for more than 20 years.

Equivalent Citation: 2011(5)ALLMR62, 2011(6)BomCR66, 2011(5)MhLj345

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal No. 55/1995

Decided On: 30.06.2011

 Manikrao S/o Narayanrao Bhoge and Ors.
Vs.
Shri Maheshkumar S/o Bansilal Vyas and Shri Mahadeorao S/o Nathuji Ugale

Hon'ble Judges/Coram:
A.B. Chaudhari, J.

Key words
#easement
#prescription