NYAYA SIGNAL
Central · 1882 · Section 35

Section 35 — Injunction to restrain disturbance.

The Indian Easements Act, 1882

Subject to the provisions of the Specific Relief Act, 18771 (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.

Source notes

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