The joint owners of a dominant heritage jointly acquire the servient heritage. Under section 46 of the…
Illustration (e) to section 46 states that here "the easement is extinguished." Section 46 extinguishes an easement "when the same person becomes entitled to the absolute…
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The joint owners of a dominant heritage jointly acquire the servient heritage. Under section 46 of the Indian Easements Act, 1882, the easement:
Answer and explanation
Correct answer D
Illustration (e) to section 46 states that here "the easement is extinguished." Section 46 extinguishes an easement "when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages". The same joint owners now hold both lands together, so the easement merges in their ownership, unlike the cases in Illustrations (c) and (d).