Greetings from Tirunelveli!!!
I am Arichandran, living in a Village near Tenkasi. We have constructed a house with 1500sqft in our village. The land is in my father name. Nearest land is in another person name, who is our blood relation only. The total land was bought by an ancester in 1942. Our path to house is in the nearest person land. we are using the path for the past 50 years. But in FMB it is not mentioned. In our documents it is mentioned. Now he is blocking the path by temporary materials like vaikol. Can you please advice me regarding this?. Thank you.
Asked 2 years ago in Property Law from Tirune, Tamil Nadu
1. Request him not to obstruct the pathway.
2. As a temporary measure file a case u/s 144 crpc in local court.
3. If that does not yield desirable results then file a civil suit for mandatory injunction to remove the obstruction.
Thank you sir,
I have approached a local lawyer. He said that injunction is not possible. Is it possible to get injunction?. Can you explain in detail about for 144 crpc?. For 144 crpc what i have to do?.
Asked 2 years ago
1) if you don't have any other access to your land you can claim easementary right of way by necessity through your neighbour land
2) 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.
3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
1) your lawyer must not be familiar with the provisions of Indian easement act
2) you can obtain an injunction restricting your neighbour from disturbing your right of passage
1. Ask your lawyer to file 144 case. He will understand how to do this.
2. if you explain why your lawyer is saying that injunction is not possible then further advice may be given.
1. If you do not have any alternate path to access your property then you are entitled to use his land to access your land. The continuous use of the path for the past 50 years further cements your legal claim to use it further.
2. You can apply for injunction.
3. 144 CrPC has no application to your case as it comes into play only when criminal proceedings are initiated.
1. Lodge a police complaint against him for blocking the path which you are using for 50 years and what has been mentioned in your document,
2. File a declaratory suit praying for declaration that you have the right to us the said land as path for your ingress and outgress,
3. Simultaneously file a petition under Order 39 Rule 1 & 2 praying for a stay order restraining your neighbour blocking the said path.
1. Yes, Injunction is very much possible to restrain him to block the path as advised in my earlier post,
2. Prayer u/s144 is for restraining unlawful assembly which may also be sought but certainly after avaiing the injunction/stay order as advised in my earlier post.