Question

Ramesh grants Suresh, his tenant, a verbal permission to use a short-cut path through Ramesh's private garden for the duration of the tenancy. Ramesh later revokes this permission midway through the tenancy. Suresh challenges the revocation claiming an easement. Which of the following correctly decides the dispute?

A Suresh has an easement as the use was regular and continuous Correct Answer Incorrect Answer
B Suresh has an easement by necessity since the path was the most convenient route Correct Answer Incorrect Answer
C Suresh has only a licence, not an easement, and Ramesh is entitled to revoke it Correct Answer Incorrect Answer
D Ramesh cannot revoke the permission once granted, as it creates an irrevocable right Correct Answer Incorrect Answer

Solution

Explanation:  Under Section 52 of the Indian Easements Act, a licence is defined as a right granted by one person to another to do or continue to do something upon the grantor's immovable property, which would otherwise be unlawful. A licence is personal and revocable under Section 60, unless it is coupled with a grant or transfer of property. Since Ramesh gave verbal permission to Suresh personally (not as an attribute of any land Suresh owns), it is a licence not an easement. Ramesh is therefore fully entitled to revoke it.

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