Easment

Adv M.D.Azhar (Querist) 30 September 2012 This query is : Resolved
A and B has the dispute of the way. both are the owners of the plot, A statrted construction of the house so B who is the nighbour of the A raised the objection that where he is constructing the house is the common way as per the map of the society. In fact that was but in th new map tere is no way and therefore the owner has sold it out. A has purchased that plot by way of registered sell deed and the all the people who lives in the society have no objection if A complete the construction of the house only B has the problem because he want to purchase that plot for him and therefore he filed the suit for the injunction and cour has granted status Quo so that A can not construct a house. Now the question is that B niether using that way nor the people of the society and B have just purchased the said plot before 2-3 years ago so how he can enjoy the right of easment while he is not living there and people who are living there has no objection if A complete the construction of the house is thier any remedy for A.

Follow Query

Report Abuse

ajay sethi (Expert) 30 September 2012
it all depends upon the sanctioned plans . does the drawing plans show common passage as alleged By B?

when was plan changed? was the modified plan approved by muncipal planning authorites?

what are wordings of the court order?

you must have negaged a lawyer to fight the case . he must have gone through the appers of the case . go by hs advise /

Guest (Expert) 02 October 2012
Agree with Shri Sethi.

prabhakar singh (Expert) 02 October 2012
A should file appeal against the injunction granted with proof that claimed way does not exist in changed sanctioned plant and there is neither easement by prescription nor by necessity in favor of plaintiff.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries