Aoa Sir.Sir ik land k issue mn guidline chaheay with sections of law.Sir hm ne village mn ghr bnya h r jo rasta hy wo ik Soling hy jis ki zameen hmry parhoseon k nam h but soling govt ki hy.unhn ne hmen tang kia hua h r rasta bnd kr dia hy wo claim krty hn k malkiat zameen hmri hy beshk govt ki bricks lagi rahen .sir hm bht preshn hn r is k liy guideline chahty hn.kindly guide me.thank
1 Comment
Gull Hassan Khan
22/04/2018
Ager yea rasta 20 sal sa loog istemal ker rahe han to is zameen ka milk iske istemal sa nahi rook sakta .Easement Act 1882.
2007 SCMR 901 “Abdul Khaliq alias Mithoo versus Moulvi Sher Jan and others” and PLD 2012 Peshawar 63 “Abdullah Jan and others versus Zabardast Khan and others”.
An easement is 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. Dominant and servient heritage and owners: The land for the beneficial enjoyment of which the right exists is call the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
Easement Act (V of 1882). Section 15 of the Easement Act, 1882 is also reproduced for ready reference:
“Acquisition by prescription: Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years.
and where support from one person’s land or things affixed thereto has been peaceably received by another person’s land subjected to artificial pressure or by things affixed thereto, as an easement, without interruption, and for twenty years.
and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years.
the right to such access and use of light or air, support or other easement shall be absolute.
Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.”
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