Mohan (Accounts) 27 November 2013

Whether passage is part of room or seperate

There are 2 rooms (facing each other) on one side on mezanine floor and a passage is adjacent to the rooms, whether such passage is considered as part of these rooms or seperate portion of the mezanine floor? What are the provisions in this regard under different acts?

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Pooja Hegde R. (Advocate) 27 November 2013

Passages enabling you to enter a room or house is called an easement. I think you mean to ask whether you can use such easement. If that is your question then the answer is yes. Need to know exact location for more details.

adv. rajeev ( rajoo ) (practicing advocate) 27 November 2013

Everybody I mean neighbours of your room have got easementary right to use that passage

Mohan (Accounts) 27 November 2013

Please find attached floor plan and advise

Attached File : 687959627 floor plan.jpg downloaded: 172 times

Mohan (Accounts) 27 November 2013

The building is owned by landlord (building of ground + mezzanine floor). Somebody has encroached the passage shown in the floor plan. Rooms shown in the plan are in possassion of the landloard. In this case, whether passage is part of the rooms or will be considered separate portion within the building. Please check all the possibilities under any applicable Act and advise.