Prayer for permanent and mandatatory injunction
unknown person
(Querist) 02 January 2011
This query is : Resolved
A registered gift deed was executed in favour of donee during the month sep 2007 out of love and affection.In the gift deed it has been mentioned
"THE doner here by conveys grands and transfer the said schedule property described in the schedule below which is valued at 3 lakh 15 thousand INR.By way of this gift and make the donee owner of the land by delivering and placing him in peaceful physical possession together with all right titled interest,profits and demands what so ever in respect of the said property and the donor became destitute of all rights titled interest etc in the same.In another paragraph of the deal it has been mentioned and whereas the donee is at liberty to use and enjoy the said land hereby transfered and convey the same at his sweet will in any manner and the adjoining plot owners are permitted to use the said plot as a road only permitted before,the purchasers of adjoining land to whoom the donor has already sold have no rights to do or involve in any construction work without the written permission of the donee."
The adjoining land owners(defendants) are discharging foul,refused and septic tank water by changing the nature and character of the road(digging a open drain for discharge of septic tank water)for which the donee has approached the honorable civil court for a decree of mandatory and permanent injunction.
The defendants raised the plea "that the gift deed has been cancelled by the donor unilaterally within one month without court of law and subsequently the donor has executed and registered another gift deed in favour of BMC(MUNICIPAL CORPORATION).Hence once the gift deed in favour of the plaintiff has been cancelled,the plaintiff has got no right titled interest over this property."
MY QUESTION IS WHEATHER THE PASSAGE RIGHTS INCLUDES THE RIGHTS OF DISCHARGING FOUL,REFUSED AND SEPTIC TANK WATER OVER THIS PRIVATE ROAD?WHEATHER AM I(DONEE) ENTITLED FOR RELIEF SOUGHT BEFORE THE HONORABLE CIVIL COURT?
adv. rajeev ( rajoo )
(Expert) 03 January 2011
Passage rights given to anybody will be always to use to go and come but not for do dishcharge dishcarging foul, refused and septic tank water over the private road. You take claim that due to the illegal activities of the defendants health of the plaintiff as well as residents of the locality is affecting.
