Where the Indian Easements Act, 1882 applies, which kind of harm must a plaintiff establish under…
Section 33 requires substantial damage caused by the disturbance. The Act can treat interference with evidence of the easement or a material loss in the dominant property’s…
Choose your answer
Where the Indian Easements Act, 1882 applies, which kind of harm must a plaintiff establish under Section 33 to recover compensation for disturbance of an easement?
Answer and explanation
Correct answer C
Section 33 requires substantial damage caused by the disturbance. The Act can treat interference with evidence of the easement or a material loss in the dominant property’s value as substantial damage.
Option feedback
Option A
Section 33 requires substantial damage. A slight inconvenience by itself need not meet that standard.
Option B
Section 33 concerns compensation for actual substantial damage. Section 35 separately addresses injunctions against some threatened disturbances.
Option C
Section 33 requires actual substantial damage caused by the disturbance.
Option D
The Act recognises substantial damage beyond financial loss, including certain acts that affect evidence of the easement.
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West Bengal Judicial Services