Muneshwar Tyagi vs M/O Home Affairs on 30 September, 2021
1 O.A. No
granted. When there is no prayer for a
particular relief and no pleadings to support such a relief,
and when defendant has no opportunity ... object and necessity of pleadings. Even
though right of easement was not pleaded or claimed by the
8 plaintiffs, and even though parties were
developer within the
meaning of Section 52 of the Easement Act, 1882. He further pleaded
that licence agreement and the agreement to sell was contingent ... meaning of section 52 of the
Indian Easements Act, 1882. He also pleaded that there is nothing
11 ITA NO.2085/DEL/2007
provided
plea which
was never put forward in the pleadings. A question which did
arise from the pleadings and which was not the subject-matter ... case in a title suit granted relief based on
easement rights which was not pleaded and these observations by the Hon'ble
Apex Court
Constructions Ltd.,
came for a out-of-court settlement pleading for giving 'right of
easement' to reach their property. As per this agreement
Ajit Associates Private Limited, ... vs Jcit, Corporate Range - 1, Kochi on 11 August, 2023
IN
Uttar Pradesh Power Corporation ... vs Uttar Pradesh Electricity Regulatory ... on 14 July, 2021
In the
common
areas, the development works, all improvements
and structures thereon, and all easement, rights
and appurtenances belonging thereto;"
14. The definition of an allottee ... wide definition.
15. Learned Counsel for the Respondent has pleaded that the Section 7
Application filed by the Appellant was not premised on, that
factually inaccurate
grounds. Specifically, easementary rights and its alleged infringement
were pleaded in the said application along with alleged infraction of its
fundamental right. Moreover ... Respondent No.1
pressed into service Section 13(e) of the Indian Easement Act, 1882
before the Adjudicating Authority at the time of hearing
complainants brief notes of argument has been filed.
On perusal of pleadings, evidence led by the complainants coupled with the documents annexed therewith, it would ... about 120 sq. ft. on the ground floor along with all the easement attached to the plot as per the sanctioned plan of the municipality