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Section33
The Indian Easements Act, 1882

Suit for disturbance of easement

In force From 01 Jul 1872 Act 5 of 1882 As on 14 Oct 2026

Act 5 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1872

Section 33 of the Indian Easements Act, 1882 deals with suit for disturbance of easement. The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto; The Act came into force on 01 Jul 1872.

The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto; provided that the disturbance has actually caused substantial damage to the plaintiff.

Explanation I.--The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34.

Explanation II.--Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit.

Explanation III.--Where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health.

Illustration

(a) A places a permanent obstruction in a path over which B, as tenant of C's house, has a right of way. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement.

(b) A, as owner of a house, has a right to walk along one side of B’'s house. B builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way. This is not substantial damage to A.

Section 33, The Indian Easements Act, 1882 (Act 5 of 1882).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 34 When cause of action arises for removal of support

Questions about Section 33

What does Section 33 of the Indian Easements Act deal with?

Section 33 of the Indian Easements Act is headed "Suit for disturbance of easement". The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto;

How do I find court cases under Section 33 of the Indian Easements Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Easements Act 1882 33, section 33 Indian Easements Act 1882, section 33 of the Indian Easements Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 33 of the Indian Easements Act, and has it changed?

Its own text turns on section 34 (When cause of action arises for removal of support), so none of them can safely be read on its own.

When did Section 33 of the Indian Easements Act come into force?

Section 33 of the Indian Easements Act, cited as Indian Easements Act 1882 33, came into force on 01 Jul 1872, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.