Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Specific Relief Act, 1963, Section 38, 0, Permanent injunction -- Dispute regarding common passage - Portion `A' was purchased by plaintiff and portion `B' in the back was purchased by defendant - Plaintiffs have agreed to leave 15 feet wide common passage in their portion `A' for common use by both defendants and plaintiffs for purposes of ingress and egress to their..........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Easements Act, 1882, Section 41 -- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as they exist on date of filing of suit -..........
Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Right of way to access property purchased by defendant No.2 was reserved in sale deed executed in her favour - Vendor of defendant No.2 and plaintiff could not confer exclusive right of use of said passage for use of plaintiff, as such exclusive right given to plaintiff is in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they admitted in their written..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding on parties and operates as res..........
