Easement rights

Atul (Querist) 28 October 2014 This query is : Resolved
landlord's Land is leased to Company to run a petrol pump. The dealer running the petrol pump on behalf of the corporate takes on lease, some land at the back of leased land and uses the leased land (as taken by company) for accessing the back portion land.

On vacation of land by the company under orders from the Courts on giving undertaking to the Court to give peaceful and vacant possession of the premises -

1. The dealer files claim of easement - is it maintainable or not.

2. Can company be tried for contempt of court as the land has encumbrances which were allowed during lease ? Can connivance of company and dealer be basis of contempt ?

3. Can compensation be enforced on company if landlord has to part with some land ?

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Devajyoti Barman (Expert) 29 October 2014
1. No easementary rights arises out of lease. it is barred by rule of estoppel.
2.Yes but file execution.
3.Yes

Rajendra K Goyal (Expert) 29 October 2014
1. Not maintainable.
2. First get the possession through execution.
3. Can be claimed.

ajay sethi (Expert) 29 October 2014
agree with experts

Dr J C Vashista (Expert) 30 October 2014
I agree with experts

T. Kalaiselvan, Advocate (Expert) 01 November 2014
I too agree with the experts that you should first claim possession through execution petition and proceed further as per the requirement.

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