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TARAK SANTRA (NIL)     02 February 2015

Common passage dispute

Dear sir

i am a permanent resident . our main entrance common passage from the road .this common passage make land lord when sell her land . now no existance land lord. i am use this common passage from 35 years . water connection , electric connection . in my house from the common passage . building plan sanction by municipality.

land lord sell her plot 4 person as well as no of 4 plot . land lord when sell her plot i approched this passage for make only common passage . where as no passage my plot.  land lord sell her land only ejment right 4 person for common passage . now 4 person are disturbing and said me no right your common passage .only use 4 plot.

i said any documents shown me only use this common passage only 4 plot. 4 person are show me sale deed and seen only ejment right written land lord.

so you are requested what i do . i am a poor and needy person .please help me for valuable advice.

my E-mail address is - tarak.santra87@gmail.com

regards

T.santra

9062356510



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     04 February 2015

If this is the only way you have to approach to your property, you can file a suit for mandatory injunction and also for easement rights and also to declare the common passage.  Consult your lawyer and proceed.

saravanan s (legal advisor)     04 February 2015

If u continue to use the common passage continuosly for twenty years then it becomes easement by prescripttion.so noone can refuse to allow u

TARAK SANTRA (NIL)     05 February 2015

Dear sir

Thank you very much for valuable advice.

god bless you

regards

tarak santra

Biswanath Roy (Advocate)     06 February 2015

From the given facts it apperas that you have every right to use the passage as common passage.  So go to civil court  and obtain an order accordingly.


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