successor of Late Phani Bhusan Sarkar
giving the plots for user of the common people, the writ petitioners
do not have any right over ... Bhusan Sarkar is the recorded owner of the plot of land
which is used by the common people of the locality as "Road
petitioner is entitled to take
supply of electricity to plot no.504 using the common passage using which the
other co-owners of the property
common
passage of all sorts in, over and along the side passage.
Interestingly, it was pointed out that the plot that was
gifted ... front portion of the original plot which belonged to
Phani Mohan Banerjee. Therefore, she did not need the
common passage for the purpose of ingress
public pathway. It is not clear as to whether the plot
in question through which the distance has been measured is owned
by a private ... been shown as "Haat", that common people have access to such land.
In common parlance, a "haat" would mean a periodic
property and to create any
obstruction and/or interruption from using the common
passage measuring 6 ft. wide and 75 ft. length as shown ... wide and 75 ft. length common passage from South to North
towards the said plot of land as the only way of ingress and
egress
right and use of
common passage for ingress and egress and roof right of
the three storied building upon the plot of land ... common passage for ingress and egress and roof right of
the said three storied building situated on the plot of land
in question in favour
dividing the same and created some common passage for ingress
and egress. The plaintiff purchased the said plot from the said Subhas Chandra
Mondal through ... Schedule property with a right of usuer of common passage as described in
Schedule "B". The defendants being heirs of Subhas Chandra Mondal
suits bears the same plot number and thus the
S.D.
2
suit property is common in both the suits. He submits
that in order
plaintiff and the defendants
purchased lands from a common vendor. While the plaintiff purchased plot no.
777, the defendants purchased plot no. 776. Both
plot of land, a co-sharer of a raiyat in a
plot of land and a raiyat possessing land adjoining such plot of land apply ... sharer of a raiyat in a plot of a land and a raiyat possessing land
adjoining such plot of land both apply for such transfer
