A, as owner of a house, has a right to walk along one side of B's house. B builds a verandah…
Illustration (b) to section 33 states: "This is not substantial damage to A." Section 33 allows a suit for compensation for disturbance of an easement only if the…
Choose your answer
A, as owner of a house, has a right to walk along one side of B's house. B builds a verandah overhanging the way about ten feet from the ground, causing no inconvenience to people walking along it. A sues B for compensation. Under section 33 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer A
Illustration (b) to section 33 states: "This is not substantial damage to A." Section 33 allows a suit for compensation for disturbance of an easement only if the disturbance "has actually caused substantial damage to the plaintiff". Since the verandah does not hinder anyone using the way, there is no actionable disturbance.