2010(3) LAW HERALD (P&H) 2034
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
RSA No.2780 of 2009 (O&M)
Om Parkash & Ors.
v.
Umed Singh & Ors.
{Decided on 21/05/2010}
For the Appellants: Mr. Ashok Aggarwal, Sr. Advocate, with Mr. Amit Aggarwal, Advocate.
For the Respondents: Mr. Sanjay Vij, Advocate.
Easement Act, 1882, S.52, 59 and 60--License--When revocable--After death of predecessor-in-interest of plaintiffs licence came to an end as it was not annexed to property in respect to which it was to be enjoyed and was also not transferable or heritable--Plaintiffs are not held to be licensees in view of fact that rights under licence are not inheritable--They are rather totally strangers to suit property and as licence in their favour is not sustainable as it is not irrevocable--Provisions of Section 59 of Act apply to facts and circumstances of these cases with full rigour as it provides that where grantor of a licence transfers property, transferee is not bound by said licence, meaning thereby that transferee is not bound by license. (Para 28 & 29)
