society, a resolution was passed
regarding development of the common plot of the society.
Pursuant to the said resolution, the respondents ... permitted to develop the common plot. The
petitioner has filed Lavad case before the Board of
Nominees, Surat and claimed several reliefs including the
relief
claim the exclusive
right of the plot No.613 which is common plot for ingress
and outgress to the several plot holders.
5)After having
keep open the existing gate situated on the
easternside of the common plot, adjoining to the plot No.6 towards
six meters road as indicated ... keep open the
existing gate situated on the easternside of the common plot,
adjoining to the plot No.6 towards six meters road as indicated
main suit is regarding lay out plan of construction in common open
plot and the parties have relied upon the documents which are
concerning
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
first floor. However, in one
corner of the plot there are common latrines and they were used by the
landlady as well as the tenant ... suit premises and a common
latrine /water closet was situated in a separate small structure in a corner
of the plot on the ground floor
Gram Panchayat from interfering in their alleged
possession over the plot in dispute bearing khasra no.38//10(0-4), described
in the heading ... Section 11 of the Punjab Village Common Land (Regulation) Act,
Fatehgarh Sahib, which was allowed and allotment of plot in favour of
Gurcharan Singh
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
from the allotment of
plots, their sizes vary from allottee to allottee and, more
particularly, it is seen that the plots in question are allotted ... alleged that
the allotment of plots is vitiated on account of indiscriminate
allotment of plots to the persons holding key positions in the State
Administration
common im both. the
an units".
- "3. The "two establishment Gre "situated. 'in
a aS d ifferent plots