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CHAPTER IV THE DISTURBANCE OF EASEMENTS

Section 35: Injunction to restrain disturbance

The Indian Easements Act, 1882

Subject to the provisions of the Specific Relief Act, 18771 (1 of 1877), sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement—

(a) if the easement is actually disturbed—when compensation for such disturbance might be recovered under this Chapter;

(b) if the disturbance is only threatened or intended—when the act threatened or intended must necessarily, if performed, disturb the easement.

Footnotes in the official text

  1. 1.Ref. by Act 47 of 1963, s. 44 (w.e.f. 1-3-1964).

Practise questions on Registration and Easements Acts