‘X’ was allotted a residential plot in the Municipal Area of Karnal, being the highest bidder in a public auction held by the Rehabilitation Department, Government of Haryana, 31.10.1980. The site plan shown to ‘X’ at the time of auction depicted two ‘Public Parks’ on the east and west side of the plot. ‘X’ constructed his house in April, 1985 after getting the building plans sanctioned from Muncipal Council, Karnal and kept windows on both sides of the house. In the year 2004, ‘A’ started digging foundations in the open space abutting the ‘west’ side of the ‘X’s house, claiming to be its owner on the plea that it was allotted to him by the Rehabilitation Department in lieu of the properties left by his deceased father in West Pakistan. ‘X’ institutes a civil suit on 3.10.2006, claiming easement rights by prescription. Soon thereafter, Rehabilitation Department also issued a public notice for the auction of a residential plot, which as per the description given, was abutting the house of ‘X’ on east side. ‘X’ institutes another civil suit on 1.1.2007 against the Explain with the support of case law:-
(i) Whether ‘X’ has acquired absolute and indefeasible right to easement against ‘A’?
(ii) Whether ‘X’ has acquired absolute and indefeasible right to easement against the Rehabilitation Department, Haryana?
(iii) What are the essential conditions to claim such like easementary rights under the Limitation Act, 1963?    (20 Marks)

By: Abhipedia