Property lawEasementsBombay High Court

Secretary of State v Bombay Corporation

AIR 1924 Bombay 48919241 min read
The case in brief30-second read
Facts
The government claimed that the corporation's use of a way was interrupted by written protests. No physical obstruction or barrier was ever placed. The corporation had continuously used the way for over 20 years.
Issue
What constitutes sufficient "interruption" to break the continuity of prescriptive user under S.15?
Held
A verbal protest or written notice, without actual physical prevention of the user, does not constitute interruption. Interruption requires actual obstruction of the enjoyment for a continuous period of not less than two years. Mere words (protests, notices, legal threats) are insufficient.
Principle
Mere verbal protest without physical obstruction does not constitute 'interruption' sufficient to break the prescriptive period under S.15

Facts

  • The government claimed that the corporation's use of a way was interrupted by written protests
  • No physical obstruction or barrier was ever placed
  • The corporation had continuously used the way for over 20 years
  • The government argued that its protests constituted interruption

Issue

  1. What constitutes sufficient "interruption" to break the continuity of prescriptive user under S.15?

Held

  • A verbal protest or written notice, without actual physical prevention of the user, does not constitute interruption. Interruption requires actual obstruction of the enjoyment for a continuous period of not less than two years. Mere words (protests, notices, legal threats) are insufficient.

Ratio decidendi

S.15 requires enjoyment "without interruption." The word "interruption" in this context means physical obstruction or actual prevention of the use. A notice saying "I object to your use" does not physically prevent the use and therefore does not break the prescriptive period. Only actual blocking (building a wall, locking a gate, digging a trench) for 2+ continuous years counts.

Exam use

How to use it in an answer

Use when the problem involves the servient owner protesting but not physically blocking. Key line: "Verbal protest ≠ interruption; only actual physical obstruction for 2+ continuous years breaks prescription."

Cite this

Citation

Secretary of State v. Bombay Corporation AIR 1924 Bombay 489

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