said
garden belongs to his brother who lives on the adjoining plot. Per
contra, Learned State counsel, under instructions, submits that
the petitioners and their ... after an enquiry, it
has been found that it is a common plot where all the three
brothers have a joint house. He submits that
over plot No.132 but open area attached therewith falls in plot
No.133, which was allotted to father of the plaintiff and since ... site plan wall of house of Surender is common
with plot of the defendant and as conceded by the defendant and his
other witness
smallness and failing to take into account that the plots had been sold
to a common vendee by closely related family members.
(40) In similar ... deeds, in 14 the vendor was common and whereas in the other
16 the vendor was also common whereas the vendee was a group
highest bid
against this plot was Rs.35800/- at
15:59:59.756 by some other applicant. Since
this is a common complaint from many
bidders ... highest bid against
this plot was Rs.35800/- at 15:59:59.756 by
some other applicant. Since this is a common
complaint from many bidders
possession where
different plaintiffs had sought injunction against common defendants
with regard to plot No.77 measuring 287-7/9 sq. yards and plot ... were also lying in the said
plot and the adjoining plot No.78 and northern-western sides of plot
No.77 were surrounded
plaintiff
from the suit property by converting the plot of the plaintiff in
common passage.
[3]. In reply to the aforesaid para, defendant/Municipal
Corporation ... same, rather pleaded that the site in
dispute is a street/common passage. The site plan was
sanctioned in the year 2004, wherein
plaintiff
from the plot in question and dismantle the eastern common wall of the plot
and further threatened to include the 6 ft. wide vacant ... portion of the plot and limited his claim to the portion of the plot measuring
6' x 60'. He also gave
owner in possession of the suit plot. It is averred that the suit plot
is ancestral property inherited by the plaintiff from his forefather namely ... order to contend that suit
plot was allotted to Kapoor Chand who was common ancestor of plaintiff
and he died issueless. It is argued with
boundary wall over the same. In
southern side of plot of respondent, there is a common rasta in which he
installed a gate for ingress ... That in the southern side there is a common rasta (rasta sare-
aam) of the plot of the plaintiff in which the plaintiff has
installed
regards common passage/gali. The
case of the plaintiff was that his house opened in west direction and their
exists a common rasta/gali towards ... also conceded that prior to the sale of plot even Ram
Niwas would use the common passage/gali. Khushi Ram DW3 also
admitted
