Cases related to easements:

In the case of Sudheendee dev vs. Ambica Singh Monipuri, 25 DLR, it was held that mere use of a pathway cannot create prescriptive right unless it is shown that such user has been as of right, peaceably and without interruption. Section 26 of the limitation Act has no application if the claim of a person is not in respect of easement, but about a public right over a public way. Aribam tuleshwar sarma vs irengbam yaima singh A.I.R 1965 manipur. A co-sharer can’t claim the right of easement. The right of easement may become indefeasible, but it can no longer exist when becomes a co-sharer because easement and ownership can’t co-exist. Traders and mines Ltd. Vs Dherandranath Benarjee A.I.R 1944 Each of the periods of 20 years shall be taken to be a period ending within 2 years next before the institution of the suit wherein the claim to which such period relates is contested. A right to an easement is perfected only when it is established in a suit then the right to easement becomes absolute and indefeasible.  Traders and mines Ltd. Vs Dherandranath Benarjee A.I.R 1944