Section 23 of Indian Easement act provides that dominant owner may from time to time, alter the mode and place of enjoying the easement provided that he does not thereby impose an additional burden on servient heritage.
Smt. Anguri & Ors vs Jiwan Dass & Anr on 30 August, 1988
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Indication for definite course of Channel for flow of rain water or sewage water
Before the right to the use of water can be the subject of an easement by prescripttion or grant, it must be water flowing through a defined permanent channel. The essential features from which a grant or arrangement whereby the right claimed may be presumed to rest in some legal origin are that there should be a permanent channel, artificial or otherwise, or indeed a defined channel of any sort conducting the over flow of water and that the over flow should be controlled or directed in any particular course.
Anu Sundar And Ors. vs Shiva Narain Jaiswal on 30 October, 1987
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