Karthik.N (System Engineer) 25 March 2014

Common passage dispute

Do I have any rights to use the common passage as I have been using the passage for more than 15 yrs after my building was being constructed???... My Electrical line is also digged under that passage and also paying all the other taxes applicable without fail....One more thing I do not have any other passage other than this to reach out the main street....

Now the person who is in front adjacent to my building claiming that I have no rights to use that passage as he has already documented that passage and it belongs to his property...

Civil Suit also filed in the court by both of us against each other

My question is how can an individual register the passage in his settlement document without mentioning that we are also dependent on that passage???????

Is any patta or promboke land plays the role in our case ???

Will i get justice in the court ..????

Note: No Mother Documents is there for both of our property ... With the help of tax papers , ration card , EB card my Father given the settlement under my name ... in the same way the opponent also did settlement to his wife with the same kind of papers....

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2 Replies

adv.raghavan (Advocate,9444674980) 27 March 2014

whose land is that? if it is patta land, at the time of buying have you gone for gift deed, for that particular passage land, in your name? If it is poramboke land how come the other person is claiming rights over it?

Lot of missing links.

Karthik.N (System Engineer) 01 April 2014

Thanks for your reply sir..

Opponent(my grandma's brother)) and myself are in the same compound bearing the same door no's ->

My door no: new no. 8 old no:14 A

Opposite Party door no: new no:8/1 old no:14/1

Totally there are three partition (1st and 2nd partitions belongs to opposite party ; 3rd partition belongs to me)

first partition patta issued in which 4ft common pathway specified

half of the second partition : patta issued in which 4ft common pathway specified

(patta measuring from first partition to half of second partition)

Remaining partition(half of second and third partions are kuttai promboke as per government records.

The opponent gave the settlememt for the entire second partition in his wife name at 2012 with the help of property tax papers, EB records, ration card etc (Note: Building constructed at 2005 and paying taxes theron)

The same way my father gave settlement to my name at 2010 with the help of property tax papers, EB card, ration card etc( Note: My building was constructed at 2000 and paying taxes thereon)

In my settllement deed I clearly specified that passage as common passage

But Opposite party specified that passage as his private passage...

Irrespective of Patta land or Promboke land My question is how come the front partition passage being specified as common and back partition as private since we are already constructed a building and using that passage for more than 13 yrs paying all the taxes.... My Electrical Lines also going under that passage since 1998....

Dont i have any rights on that passage ...

I have all the records holding this address only .... how are you looking this case .... complicated ???

Sir

Let us assume he is having patta for his entire property and I am not having any patta ... my land is encroached promboke land.... These many yrs(nearly 14yrs) I am using this passage also he allowed us to use it but now he is denying us to use it.... I dont have any other way to reach the main street.... alll the documents I have holding this address only ... what can i do in this situation????