Satoshi Kun 13 June 2022
I have a house with a common passage of 5 feet broad road, now in the document it was specified the opposite side should also leave 5 feet land for common passage, but they didn't and raised their house and it's been near about 30 years. Can i file a case so that they would leave 5 feet common passage too?
Sravika Reddy Kohir 14 June 2022
Hello Santoshi Kun, I acknowledge your question. Herein both the opposite party and you have same or equal rights over the common passage. Under section 37 and 39 of the Specific Relief Act you can file for a suit of mandatory injunction, whereas the limitation period for a mandatory injunction is not prescribed by the Limitation Act, 1963. However, Article 113 of the Limitation Act lays down that any suit for which no period of limitation is provided elsewhere in the Schedule of the Act, the limitation period would be three years and the same would begin when the right to sue accrues. Now here if the cause of action arose within three years of limitation period, or with sufficient reasons if you can justify the delay, you can file the suit for mandatory injunction.
I hope this answers your question.
Have a good day.
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