Mera Samvidhaan All of Indian Easements Act, 1882

Chapter IV · The Disturbance of Easements

35Injunction to restrain disturbance.

Section 35 · Chapter IV · page 15 of the Act

Subject to the provisions of the Specific Relief Act1, 1877 (1 of 1877), sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement—

(a) if the easement is actually disturbed—when compensation for such disturbance might be recovered under this Chapter;

(b) if the disturbance is only threatened or intended—when the act threatened or intended must necessarily, if performed, disturb the easement.

1 Ref. by Act 47 of 1963, s. 44 (w.e.f. 1-3-1964).

Section 35 of The Indian Easements Act, 1882 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.