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arise between the two appropriators situate on the extension of the channel leading
from the Municipal reservoirs inter se. The mere fact that in one particular year, the
supply may be interrupted, would not affect the right of easement if one was
established. The principal embodied in section 6 of the easements act would make
that clear. The principles of the act can be invoked as principles of justice, equity and
good conscience, even though the act has no been applied to this Province. PLD 1952
Lah. 411.
Section is permissive: It is to be noticed that the language of section 6 is purely
permissive and not mandatory and not mandatory and cannot, therefore, in any
manner control or extend the language or effect of a subsequent or any other section 6
it is sometimes said that there could be a prescriptive easement limited in its duration
to a term of years of life. Sec 15 of the statute which provides for the manner of
prescription of an easement lays down clearly the right to such easement
shall be absolute meaning that a right acquired under section 15 (or even under
section 15 together with section 16) cannot be limited to a term of years or life or to
be merely against the occupier and not against all persons connected with the land.
AIR 1937 All. 428. Though the character of the enjoyment for the prescriptive period
may impose restrictions as to place , occasion, season or purpose, it is not capable of
imposing a restriction as to the duration or length of the easement right. Nor could it
be said that the word impose in section 8 and the subsequent sections of Chapter II
enable a holder for a term of years or like to let be prescribed against himself an
easement co-extensive in duration to his own limited interest, because the word
impose refers to the creation of an easement by grant from the serivent owner and
matter either under Sec. 15 (with Sec. 16) or at common law. Under the estate in fee
simple, because it is prescribed for not against the present servient incumbent but
against the servient tenement, as such and not merely in favour of the present
dominant incumbent but in favour of the dominant tenement as such. The
consequence is that though there is nothing in section 6 itself to impose any
restriction on a prescriptive easement, a prescriptive easement, whether prescribed for
at common law that is immemorial user or under the easement act, must necessarily
be perpetual if at all and not limited to a term of years of life. ILR 42 Mad. 567.