Closing the way of my land.

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
Sir,
From road side the land is of my cousin, and after that my land is there. And as per verbal distribution of land side way for land 5 feet is way. But my cousin is close the way by construction. After panch meeting it was decided that he will give us the way through his own house. Panchanama is also made with signature of both the party. But I dont want to left the way. why I will depend on others way. Because in future he will may create some trouble. So under which Act & section I can Appeal to demand the way or destroy the illegal construction.

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Devajyoti Barman (Expert) 27 December 2011
File a declaratory suit to keep the dispute at rest for good unless both of you agree in writing to resolve the problem.

Declaratory suits fall under section 34 of Specific Relief Act.

Querist : Anonymous (Querist) 27 December 2011
thanks sir, For further guide line may be I will disturb you.

Devajyoti Barman (Expert) 27 December 2011
Of course if you are ready to bear my fees.

Advocate M.Bhadra (Expert) 27 December 2011
Lodge a diary to the police and file a suit for Declaration and Injunction in Civil Court and you can also file a case u/sec.133 Cr.P.C. in Magistrate Court.

prabhakar singh (Expert) 28 December 2011
you need to file suit for declaration cum injunction both prohibitory and mandatory.

Deepak Nair (Expert) 28 December 2011
Yes. File a declaratory suit.

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