Plot A and Plot B are adjacent with a common passage in between and plot C and plot D are backyard .plot B C and D have single owner using common passage to reach backyard and plot B . Plot BCD owner filed a suit for permanent injunction that plot A owner should restrict from using common passage .plot A owner has front RCC home and back empty site and a adjacent gate in common passage to reach empty site. Plot BCD owner installed a gate infront and not allowing to use common passage and putted as a civil matter that his daughter staying in plot B its false bachelors staying for rent and adjacent to plot B plot A owner has hall and a guestroom and bathroom windows. Plot A is 20 years old building with windows installed .Plot BCD owner filed a suit as restrict plot A owner from installing windows in common passage and digging pit . Plot owner A attempt to change drain pipes as it is old and used from 20 years in passage of 6 feet. common passage is not in paper of plot A owner as well plot B C and D owner its left as sampu jaaga / common passage. Can plot A owner use passage.?? And how to demolish gate which is restricting plot owner A to enter and use passage to safeguards windows and building from a plot bcd owner .
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Hello
What is the relationship between a and b plot owners what do you mean by common passage. Was the land one and the common passage was given after division??
If it is a public way then the access to the common passage cannot be denied. If it is on private land, the provision of passage must have been given by the previous owners relatives or forefathers of the current owners.
Regards
Hello,
Ask your lawyer to file the written objection and vacate the injunction, if any, passed as an interim by the court .
However you can file a suit for declaration of the said portion as a common passage under easement act.
Regards
Yes if not in paper plot A owner has no right. All the best.
You have to file suit and claim easmentary right of necessity
2) that there would s no other access to your land
3) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.
4) you can under section 35 of easement act obtain permanent injunction restraining your neighbour from obstructing your right of passage
5) to demolish the gate installed
First of all see the position of common passage if it is no man's land then owner of plot "A" can use it and no one can interfere in his right of easement please file a Map which is very much necessary at the first hearing made by a authorized map expert in original as the court has to see the position at the spot please also advise your counsel that to file an application for dismissing the application for injunction as the same is bases on the frivolous,vague and fake grounds.
1. In this scenario you may file a suit for declaration of right of easement by necessity as you have no alternate path to access your property. One who cannot access his property without passing through the property of another individual has a right of easement over the property of another which is called easement by necessity.
2. Hence, you may file a suit for declaration of your easementary right and also seek permanent injunction to restrain the other person from violating your right.
Sir a suit declaring your easement write over the passage has to be file further you can raise counter claim in the suit file by the other owner that you have right of easement of the property as you are using it from last 20 years and there is no other way to access the property.
Since the Owner of B has already approached court withe his claim seeking injunction, the A owner can file a counter claim in the same suit seeking his rights in the common passage.
He can mention that this is being used for the past 20 years or more and it is very well coming under adverse possession of law hence B has no right to restrict his usage of the common passage.
He can make counter claim for an injunction from his side in the same suit , be he cannot demolish or remove trhe gate, which will be considered as an illegal act punishable under criminal laws.
Firslty, you should also file a suit for removal of hate and allow you to use the common passage.
Secondly, you were digging to get the old pipes renewed which is necessary right of yours as fundamental right to live with basic safety.
Thirdly, common passage is for everyone it can’t be put on personal usage.
Hi,
You may file counter case and defend their case strongly.
Plot bc and d owner are single and we are plot a owner , we have windows of hall and a guest room and kithchen and a gate in backyard empty site in common passage and electric lines and common chamber line used by abcd plots BCD plot owner day by day giving troubles that is by installing cctv camera half focusing on guest room and front compound of plot A and another camera focusing on our terrace and kitchen directly and by parking two wheelers exactly below our chajja and infront of our hall windows and his son smashes window if found open
You can take legal proceedings for removal of cameras focused on your guest bedroom, Terrace and Kirchen
he cannot park his vehicles on your plot
File a police complaint against bcd plot owner if he is harrasing and intimidating . In common passage you have equal right.
You need to demolish the same with permission of court or by complaining the civic authorities. You need to contest the suit and oppose the permanent injunction
