A, as owner of a house, has a right of way to and from it over B's land. A lets the house to a tenant.…
Illustration (b) to section 21 allows the way to be used by the owner's family, guests, lodgers, servants, workmen, visitors and customers, and adds that if A lets the…
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A, as owner of a house, has a right of way to and from it over B's land. A lets the house to a tenant. Which use of the way is NOT permitted by section 21 of the Indian Easements Act, 1882?
Answer and explanation
Correct answer B
Illustration (b) to section 21 allows the way to be used by the owner's family, guests, lodgers, servants, workmen, visitors and customers, and adds that if A lets the house, "he may use the right of way for the purpose of collecting the rent" and seeing that it is kept in repair. All these purposes are connected with the enjoyment of the dominant heritage. Going to another plot is not, so section 21 forbids it.