Babulal v. Ramlal
Rule established
20+ years of open, peaceful use as of right establishes a prescriptive easement that cannot be unilaterally extinguished
Facts
- Babulal and his predecessors had used a path across Ramlal's land for over 25 years
- The use was open (Ramlal could see), peaceful (no force), and without permission
- Ramlal blocked the path by constructing a wall
- Babulal sued claiming prescriptive easement
Issue
- Whether 20+ years of open, peaceful, and as-of-right use of a path establishes an irrevocable easement by prescription.
Held
- Yes. All requirements of S.15 are met: (1) over 20 years of use; (2) peaceable (nec vi); (3) open (nec clam); (4) as of right (nec precario); (5) without interruption. A prescriptive easement once established is a permanent right that cannot be unilaterally blocked by the servient owner.
Ratio Decidendi
S.15 creates a legal right after 20 years of qualifying user. Once established, a prescriptive easement has the same force as an easement created by express grant. The servient owner must respect it. Obstruction after establishment constitutes interference with a legal right, remedied by mandatory injunction.
How to use it in an exam
Standard fact pattern for prescriptive easement problems. Key line: "20 years of open, peaceful use as of right = prescriptive easement; servient owner cannot block."
Source
Source: Supreme Court judgment
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.