97. Dominant heritages under the Easements Act, 1882 means :
(a) the land for the beneficial enjoyment of which the right exists
(b) the land on which the liability is imposed
(c) Both (a) and (b)
(d) Neither (a) nor (b)
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97. In case of customary rights, easements are……………..rights annexed to the place in general.
(A) Private
(B) Public
(C) Customary
(D) None of the above
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98. The word ‘easement’ is defined in section………….of the Indian Easements Act, 1882
(A) Section 2
(B) Section 3
(C) Section 4
(D) Section 5
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6. Easement is a right-
(A) in rem
(B) in personam
(C) neither (A) nor (B)
(D) in rem in general but in personam in exceptional cases
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Q.11. Answer the following:
(a) What do you understand by the term “easement” under the Indian Easement Act,1882?
(b) Whether the following shall be an easement:
(i) ‘A’ dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing.
(ii) ‘A’ as the owner of certain house, has the right to go on his neighbour’s land, and to take water for the purposes of his household out of an underground water spring therein.
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4(b) ‘a’ as the owner of a certain house, has the right to conduct water from ‘b’s stream to supply the fountains in the garden attached to the house. whether this is an easenent or not? if yes, explain the same.
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4(C) ‘X’ as owner of a dominant heritage, has a right of way over ‘Y’s land. ‘Z’ without any authority of law enters on ‘Y’s land and obstructs ‘X’ in his right of way. ’X’ sure ‘Z’ for compensation against obstruction and also to ensure his right for the entry. Draw and other determining rights of the plaintiff in accordance with provisions of Easements Act, 1882.
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3. (a) What do you understand by customary easements ? Specify the main ingredients to establish such easements. 10
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4. (a) Distinguish between an invitee, a licensee and a trespasser, and discuss the liability of an occupier or an owner of land towards each of them. 10
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3. (a) What are the essentials of easement of necessity ? 10
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99. Which of the following sections of the Indian Easements Act, defines the term customary easement?
(A) Section 15
(B) Section 18
(C) Section 22
(D) Section 26
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18. Ram, the owner of an agricultural field, grants a licence to Ramesh, to use a path across it. Ram with intent to revoke the licence locks a gate across the path. The licence is:
A. Suspended
B. revoked
C. continued
D. None of the above
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62. A continuous easement to is extinguished when it totally ceases to be enjoyed as such for an unbroken period of how many years :
(a) 5 years
(b) 15 years
(c) 20 years
(d) 30 years
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Q.12. Answer the following:
(a) Write a detailed note with all relevant illustrations relating to the provisions for extinction of easement by unity of ownership.
(b) Discuss the provisions relating to extinction of easement by non-enjoyment.
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Q.2. Write a detailed note on the Extinction, Suspension and Revival of Easements as Prescribed under Chapter V of the Indian Evidence Act,1882.
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4. (b) ‘A’, a Muslim woman, orally authorised ‘B’, her husband, to go to . her lawyer to instruct him to give a notice to terminate the tenancy of her tenant though the plaint for ejectment of the tenant was later verified by her in the chamber of her lawyer. Is the notice valid ? Give reasons. 10
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19. A licence is deemed to be revoked:
A. When, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence
B. When, the licensee releases it, expressly or impliedly, to the grantor or his representative
C. Where, it has been granted for a limited period, or acquired or condition that it shall become void on the performance or non-performance of a specific act, and the period expires, or the condition is fulfilled.
D. All of the above
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16. Define licence. When licence is transferable and when it is revocable or deemed to be revoked? Explain with reference to the relevant provisions of law. 10
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