Right for path
jagadeesh
(Querist) 10 February 2013
This query is : Resolved
In the attached file, my plot is no 9, and the behind plot is 10, there is a way for plot no 10, which lies between plot 9 (mine) and plot 8. We ( plot 8 & 9) have rights on that path of 10 ft widdth & 50 ft length, But he constructed his building in that path by saying that path is for his use alone and not for others, though he purchased the land for 1300 sqft which excludes of that path. And my quuestion is that, how can he construct building in that path also which is a area of 500 sqft, for which he has not registered. How can we sue him. Need the procedure and suggestion. Thanks for all your replies in advance.
R.K Nanda
(Expert) 10 February 2013
no file is attached.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
U along the owner of plot no.8 have equal right of easement over that path, since he has not purchased it further u cross verify with the layout plan where u can see this path, immediately give complaint to municipal office about encroachment of path if the issue is not resolved u have to approach civil court for injunction and declaration of easementary right
jagadeesh
(Querist) 10 February 2013
http://www.lawyersclubindia.com/forum/Right-for-path-74602.asp
here is the attachment of layout for your verification..
Thanx for your reply..
Ramesh
(Expert) 11 February 2013
Your plot appears to be abutting the road on its south. The disputed path is on the west of your plot leading to plot no. 10 and there may not be any easementary right over it attached to your plot. It is not clear what kind of rights were given to you in this western path in your sale deed. If you are given any kind of a right and the same is violated then you can definitely approach the court as suggested by other experts. It is necessary to see what right of yours is violated and what is the relief you would like to seek from the court. If it is only violation of layout you can approach the concerned municipality and if they fail to do any thing then give a statutory notice and file a suit by impleading the municipality also.
