On a partition of joint property, A becomes owner of an upper room in a building and B becomes owner of…
Illustration (m) to section 13 holds that "A is entitled to such amount of vertical support from B's portion as is essential for the safety of the upper room". Section 13(e)…
Choose your answer
On a partition of joint property, A becomes owner of an upper room in a building and B becomes owner of the portion immediately beneath it. B wants to remove a supporting wall in his portion. Under section 13 of the Indian Easements Act, 1882:
Answer and explanation
Correct answer C
Illustration (m) to section 13 holds that "A is entitled to such amount of vertical support from B's portion as is essential for the safety of the upper room". Section 13(e) gives an easement of necessity where property is partitioned and an easement over one share is necessary for enjoying another. No express term in the partition deed is needed.