Easement by prescription

Arun M (Querist) 12 June 2011 This query is : Resolved
My neighbour Purchased his property through sale deed 6-12-1972.My mother got a 6 cent property through a gift deed from my grand mother on 14-12-1978.My mother died on 24-01-2001 and the property was on the hand of her legal heirs (Myself, My father my brother and grand mother).They hand over property to me through a release deed on 9-2-2011.My neighbour filed a suit against me seeking easement by prescription on 26-05-11.Along with an approved path way of 5 links he is using 5more links of width from my property nearer to path way since 1972(app38.5 years till date).Since my mother had a life interest on the property up to 2001(21 years till her death) how many years i will get exception through exclusion in favour of reversioner of servient heritage (Chapter II point no 16of easement act).Did his suit legally stands.Please note that he had filed the suit 10 years after my mothers death. One more thing that he had a separate path way which he purchased through a sale deed on 1978.Now he has two approved pathways.whether i will get any benefit from Chapter V point 41 Extinction on termination of necessity of easement act.Kindly post your valuable suggestions because he secured an injunction which restrained me from building my new home.

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Guest (Expert) 12 June 2011
yes it is not the easement right as per the above query. The suit will be decided only on the facts and valid evidence by commission inspection on the property

prabhakar singh (Expert) 13 June 2011
"One more thing that he had a separate path way which he purchased through a sale deed on 1978.Now he has two approved pathways.whether i will get any benefit from Chapter V point 41 Extinction on termination of necessity of easement act.Kindly post your valuable suggestions because he secured an injunction which restrained me from building my new home."
TAKING NOTE OF YOUR ABOVE STATEMENT,I OPINE HE HAS NO CASE,EVEN OF PRIMA FACIE NATURE, NO INTERIM INJUNCTION SHOULD HAVE BEEN PASSED,IF IT WAS PASSED EXPARTY,FILE OBJECTION TO VACATE IT OR IF PASSED AFTER HEARING YOU FILE AN APPEAL AGAINST THE SAME.

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