• Common passage issue

I have bought a land in 2011.on the north of my land there is another land bought by Mr. X  from same owner in 2007 but done mutation in late 2014.there is a 5 foot passage common to both the land. In the sale deed of the Mr. X  it is mentioned that the buyer will use this passage as his path.when I bought this land from the owner, the owner said me too to use this passage for my path. One point to note is that this common passage was sold to me by the owner with total land that I bought and not to Mr. X.
Now,  Mr. X is saying that this passage is his and he will not allow me & my family or my tenants to use this passage. He even blocks the drain that flows through this passage which I have not build.it was already there when I bought the land and hence I used this drain for my home. I am frustrated with him quarreling all the time.today even he tried to build a gate in front of this common passage.
Please suggest what legal action should I take and how to deal with this situation.
Asked 2 years ago in Property Law from midnapore, West Bengal
Since mutual understanding is no more a possibility now, litigation is only option left.

You have to now file a suit for declaration to use this passage as common pathway and injunction as well so X is restrained from putting any hindrance to you to do so.
While filing such suit apply for ad-interim injunction as well.
Meet a local civil lawyer to do so.
Devajyoti Barman
Advocate, Kolkata
9409 Answers
114 Consultations

5.0 on 5.0

1. According to your query, while you are the owner of the passage, Mr.X has the right to only use the passage. If the passage has been sold to you then you are the lawful owner thereof.

2. Since you are the owner you have an absolute right to use the passage, whereas the right of Mr.X is circumscribed in as much as he can use it only to access his land.

3. You cannot be stopped from using the land of which you are the owner.

4. You can file a suit for seeking injunction against X to restrain him from impeding your use of the passage.
Ashish Davessar
Advocate, Jaipur
21375 Answers
572 Consultations

5.0 on 5.0

Hi, you have to file suit for bare injunction restrain the other party to interference use of passage.
Pradeep Bharathipura
Advocate, Bangalore
4371 Answers
178 Consultations

4.3 on 5.0

1) it is your case that common passage was sold to  you  by the owner with total land in 2011 

2) according to Mr. X  passage is his and he will not allow you  & my family or my tenants to use this passage

3) please note that Mr X cannot restrain you from using common passage as you are rightful owner . 

4) at most Mr X can have access to use passage  to access his land 

5) you should contact a local lawyer file declaratory suit that you are the owner of land and passage and seek injunction restraining X from obstructing your use of passage
Ajay Sethi
Advocate, Mumbai
35284 Answers
1958 Consultations

5.0 on 5.0

A. If the common passage sold by the owner and mentioned in the sale deed, you are the absolute owner of the property.

B. Mr. X has no right to interrupt and erect fencing around the common passage because of insufficient documentary proof to establish his right.

C. You can approach the Court by filing declaration suit and also seek an injunction order to restrict Mr. X .

D. Mr. X's right to usage the common passage has been blocked by way of selling the passage to you.
B.T. Ravi
Advocate, Bangalore
784 Answers
48 Consultations

5.0 on 5.0

Frustration and quarreling never give a remedy. The immediate remedy for this situation is filing an injunction suit before Munsiff court, restraining Mr.X and his men’s from doing any obstructions in the pathway for your ingress and aggress to home. Also mention about the drain of water is blocked so file mandatory injunction petition for opening the drainage's.
Ajay N S
Advocate, Ernakulam
2444 Answers
28 Consultations

5.0 on 5.0

1. The land on which the path is situated has been sold to you,

2. If Mr. X has alternative access to his land, then the seller has illegally executed the sale deed to X conferring him the right to use the said path,

3. File a declaratory suit praying for declaration that you are the title holder of the land on which the path situates.
Krishna Kishore Ganguly
Advocate, Kolkata
15164 Answers
368 Consultations

5.0 on 5.0

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