Right of way

Arati Gawde (Querist) 03 April 2010 This query is : Resolved
In one sale transaction after giving token amount in cheque purchaser avoid the deal & not gave response for completion of the transaction & the cheque also bounce. So through declaration in newspaper vendor declared that sale transaction is cancel. But at the time of negotiation purchaser purchase entrance part of the land from another person, because there was no entrance. Now, the purchaser not giving entry to enter in vendor’s land. Except 138 solution for recovery of money is there any other solution for vendor to enter in his land. Is he get right of way to enter in his land? or any other remedy available for vendor to get entry in his land ?

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PALNITKAR V.V. (Expert) 04 April 2010
If there is no other way to enter into the property, then the vendor must get right to enter from the place wherefrom the earlier owner was entering in to the land. That would be easementary right.No person can close it, if there is no other entrance. you may file suit for mandatory injunction and also criminal case for unlawful restraint.

bhagwat patil (Expert) 04 April 2010
if it is an agricultural land in mamaledar court u will get a approch road

niranjan (Expert) 04 April 2010
Yes under Mamlatdar's Court Act you can file suit before the Mamlatdar and you can get your way restored.You need not go to the Court.

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