Property lawEasementsMysore High Court

Desa Gowda v Thimma Gowda

AIR 1966 Mysore 6219661 min read
The case in brief30-second read
Facts
The dominant owner had a right of way over the servient land. The dominant owner stopped using the path and used an alternative route for over 20 years. When the dominant owner later tried to use the original path, the servient owner blocked it.
Issue
Whether 20 years of non-use extinguishes a prescriptive easement automatically, or whether intent to abandon is also required.
Held
The easement is extinguished by 20 years of non-use under S.44. Subjective intent is irrelevant. The section operates objectively: if a discontinuous easement is not enjoyed for 20 years, it ceases to exist. The dominant owner's mental reservation that they "still had the right" does not prevent extinction.
Principle
Non-enjoyment of a discontinuous easement for 20 years extinguishes it regardless of the dominant owner's subjective intent to retain
Cite this

Facts

  • The dominant owner had a right of way over the servient land
  • The dominant owner stopped using the path and used an alternative route for over 20 years
  • When the dominant owner later tried to use the original path, the servient owner blocked it
  • The dominant owner claimed the easement still subsisted because they never intended to abandon it

Issue

  1. Whether 20 years of non-use extinguishes a prescriptive easement automatically, or whether intent to abandon is also required.

Held

  • The easement is extinguished by 20 years of non-use under S.44. Subjective intent is irrelevant. The section operates objectively: if a discontinuous easement is not enjoyed for 20 years, it ceases to exist. The dominant owner's mental reservation that they "still had the right" does not prevent extinction.

Ratio decidendi

S.44 mirrors S.15 in reverse. Just as 20 years of use creates a prescriptive right (S.15), 20 years of non-use destroys it (S.44). Both operate objectively (based on facts) without requiring proof of subjective intent. This ensures certainty and prevents stale claims.

Exam use

How to use it in an answer

Use when the problem involves long periods of non-use. Key line: "20 years of non-use extinguishes a discontinuous easement under S.44, regardless of intent."

Cite this

Citation

Desa Gowda v. Thimma Gowda AIR 1966 Mysore 62

Reported: Mulla, Indian Easements Act. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.