plaintiffs merely claim to be entitled to
common use of the land including these plots and at this
stage there is nothing on record ... matter of
right claim any benefit or use of common nature from the
plots allotted in favour of the appellants. There is no case
much
respective
parties on those plots.
RSA No. 211/2014 Page 2 of 14
14. Plot no. 39: Admittedly, the plot no. 39 is located ... defendants. As such, the passage is not the
common passage.
15. Plot no. 45: At the western side of the plot no. 39, there
entitled to an undivided interest in the common areas
and facilities pertaining to the plot of land or dwelling
unit allotted to him, which shall ... whose favour a plot of land or a dwelling unit has been
allotted shall have the right to use the common areas
told that he has purchased the said plot. He
told the complainant that he has purchased the plot for Rs. 8,10,000/-
and started ... intervention of well-wishers, relatives and common friends of the
parties in respect of the Plot No. 178, measuring 50 sq. yards, situated
within two years of being put in possession of the plot
raise construction in accordance with the sanctioned building plan and
design plans ... necessary for the maintenance of the building
and common services.
8. DELIVERY OF POSSESSION OF PLOTS
AND EXECUTION OF LEASE:
The possession of the plot
through the entire plot right
from the road till the end of the original undivided plot and which end of the plot ... common passage i.e the common passage is the common passage in
the lands of both the vendees i.e the common passage is also
Bhola Nath Sharma Through Lrs. vs Union Of India Through Lac & Anr. on 23
petitions, both under Article 227 of the Constitution of India,
impugn the common order dated 14th February, 2007 of the Court of
Additional District Judge ... with a common order, finding/observing/holding:
(a) that the Secretary of State for India in Council had leased out a
plot measuring 0.81 mtrs
subject land is shown
as shamlat deh i.e village common land and hence not belonging and being in the
ownership of the appellant/plaintiff ... same of appellant/plaintiff or his
forefathers being owners of the suit plot much less with measurements. The First
Appellant Court has rightly noted
super structure by metes and bound and user of the
land for common facilities and access to different portions. She
stated that ... maintain two daughters who have no
independent source of income. Since no common ground could be
found, therefore, I heard the arguments of both
