purchasers constructed houses in their respective plots. When the layout has
already been formed and the housing plots were sold by M/s.Kothari
Industrial ... admittedly formed,
housing plots were sold to third parties and residential buildings were
constructed by forming roads and providing other common amenities. That
being
wife
to declare them as absolute owner of property, for usage of common
passage to deal with the property. The property is clouded with mystery ... property
is contiguous with adjacent plots, there is some dispute with regard to the
boundaries, common passage and enjoyment, which cannot be decided
such, to graze his cattle on the common pasture. A, having become the tenant of a plot of uncultivated land in the village, breaks
granted license for temporary occupation of a plot of land measuring 84.00 square metres
of licensed Railway Plot no. 24 within the Barpeta Road Railway ... dated
25.10.2013.
4. It is the common case of all the petitioners that when the respective licensed Railway plot of
land was given to them
plants. A well was found and there was a common boundary
with respect to plot nos.1179 and 1178. As per the inspection report
that there has
been unauthorized construction over the boundary wall which is
commonly shared by the parties. It is further submitted that no
setback ... area of the plot possessed by opposite
party No.5 and in that case, any such construction over the
common boundary wall allegedly obstructing ventilation
plot of land and shop of Indrajit Vakat/proforma
respondent is situated in the northern side of the schedule plot of
land intervening a common ... plot of land, a [co-sharer
of raiyat in a plot of land] and a raiyat possessing
land [adjoining such plot of land] apply
they are
taken up for consideration by a common judgment.
2. The petitioners purchased the plots in question from the erstwhile owner
Smt. Vidya Devi
Petitioner purchased plot No.79 in S.Nos.447/2 and 448,
measuring 1500 sq.ft. on 01.06.2012. The boundaries of the plots ... broad 5th cross street, South – Park, East – common road
which leads to south part of Mamandur, West – plot No.80. After purchasing
the property
respondent No.5 at property bearing Common Land
(i.e. Open Car Parking Spaces and Common Lobby / Corridor / Fire Exit of
Ansal ... notice that the Parking
and Common Corridor of Car Parking Space No. 1, 2 & 3,
Plot No.3, Ansal Chamber-I, Bhikaji Cama Place