https://www.taxtmi.com/caselaws?id=460897 Long, open and continuous user of a pathway may establish a prescriptive easement if it is enjoyed openly, peacefully and as of right for the statutory period, and the court found the evidence sufficient to support that conclusion. Alleged interruption during military occupation was not proved with enough certainty to stop time running, so prescription was not defeated. A right of way was also sustainable by implied grant from the settlement deed and surrounding circumstances where access appeared necessary for reasonable enjoyment. Vesting of the servient property in the Central Government under the rehabilitation statute did not extinguish the easement, as "free from all encumbrances" was not construed to destroy an existing right of way without clear legislative mandate or compensation. en-us Mon, 15 Jul 1963 00:00:00 +0530 Fri, 28 Feb 2025 20:00:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460897 Long, open and continuous user of a pathway may establish a prescriptive easement if it is enjoyed openly, peacefully and as of right for the statutory period, and the court found the evidence sufficient to support that conclusion. Alleged interruption during military occupation was not proved with enough certainty to stop time running, so prescription was not defeated. A right of way was also sustainable by implied grant from the settlement deed and surrounding circumstances where access appeared necessary for reasonable enjoyment. Vesting of the servient property in the Central Government under the rehabilitation statute did not extinguish the easement, as "free from all encumbrances" was not construed to destroy an existing right of way without clear legislative mandate or compensation. Case-Laws Indian Laws Mon, 15 Jul 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460897