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Indian Easements Act,1882

Act No : 5


Section : Obstruction in case of excessive user

31. Obstruction in case of excessive user.-In the case ofexcessive user of an easement the servient owner may, withoutprejudice to any other remedies to which he may be entitled, obstructthe user, but only on the servient heritage: Provided that such usercannot be obstructed when the obstruction would interfere with thelawful enjoyment of the easement. Illustration A, having a right to the free passage over B's land of light tofour windows, six feet by four, increases their size and number. It isimpossible to obstruct the passage of light to the new windows withoutalso obstructing the passage of light to the ancient windows. B cannotobstruct the excessive user.20


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