Common passage and easement
A plot of land mentioned in the master plan originally owned by Lalaji. He left his four sons,
Viku Ram, Miku Ram, Chiku Ram, Piku Ram and at a partition which was effected among
the four brothers in the year 2012, this plot was divided into four parts. The plot marked A in
the plan fell to the share of Viku Ram, the plot marked B was assigned to Miku Ram, the plot
marked C was assigned to Chiku Ram and the plot marked D was assigned to Piku Ram.
There was a common passage left which is shown in the plan and which is marked E. F. H.
There is no special provision in the decree based upon the award relating to the partition, but
it appears from the descriptions of the various plots given in the Schedules that the said land
was reserved for the common passage. On 5th July, 2016, Chiku Ram conveyed his interest
in the plot C to Viku Ram, and on 24th September , 2017, Piku Ram conveyed his interest in
the plot D to the Viku Ram. On 14th August, 2017, Miku Ram convoyed the plot B including
his right, title and interest in the strip of land called the common passage to Rishi Kumar in
It appears that before the date of this last conveyance Viku Ram had become owners of plots
C and D built in such a manner as to make some encroachments are needed upon the
common passage which is shown in the master plan for absolute enjoyment of the property,
then on August 22, 2017, Rishi Kumar also conveyed his interest in the small strip of land
forming part of the plot B to Viku Ram and his right, title and interest of Plot B alongwith
the portion of the common passage between the plots C and D transferred to Chacha Chappal
Company for 51 years lease term. The lease rent is to be paid monthly amount to Rs.
1,54,280/-. Chacha Chappal Company wanted to built a water conserver in the land but water
pump system was in the part of 'A' and 'B'. In virtue of these conveyance Viku Ram had
become owners of 3/4 of the interest in that portion of the common passage and were
interested along with the owners of plots A and B as co-owners in the remaining portion of
Leasehold right and easement right of Plot B is denying the majority stakeholder of the
piece of the land. Comment.