Ananda Palit Road but a passage of about 10 feet
wide common passage plot in Ext.D is surrounded by bustees/huts. It is
located ... land and does not abut on
Ananda Palit Road but on a common passage of 10 feet wide only and
surrounded by bustees/huts
case of the pre-emptors is that they have common
boundary as contiguous tenant with Plot No. 809 but in written
statement, Sovana Mahapatra ... said plot. Therefore, by virtue of
holding .01 decimal of land of Plot No. 809, the pre-emptor cannot
claim to a longest common boundary
inasmuch as there being no clear
demarcation of the suit plot the said sale in favour of
the stranger person is required ... This is a case where a
common owner has transferred specific portions out of
the entire plot with defined areas and boundaries to
different purchasers
different deeds a portion of a plot of land was
sold to the common opposite party by the erstwhile owner.
The application for preemption under ... respect of the
same plot of land and on the common ground against the
common party, an application was taken out for
analogous hearing
secondly preemption application is maintainable
if the common vendor sold well-demarcated portion of the plot of land to
different persons.
On the first question ... case, three sale deed were executed
by a common vendor divesting the specific portion of the plot of land to
different opposite parties
clearly revealed that forming unlawful
assembly with a common object to remove the fencing from the plot of
the de facto complainant, the appellants herein
These writ petitions raise common points
of facts and law and, are therefore being decided by this common
judgment and order.
At the very outset ... demanded that upon the failure of the plot holders to pay the enhanced
licence fees, the plot holders were called upon to quit and vacate
there is a village road over the plot of land and the petitioners are illegally
obstructing the common user of the said road.
This, however
land in the suit plot being plot no.
1929. Remaining 14 decimals of land in the suit plot no. 1929 remained joint
between Bimal Chandra ... appellant. Thus, altogether Bimal Chandra
Koley, the common vendor, sold 24 decimals of land in the suit plot.
Though as per the said partition deed
that the D schedule property is a
common passage meant for ingress and egress to the respective
plots owned by the plaintiff and the defendants ... disturbances in
exercising the right of use of the said common passage.
The Trial Court refused to pass an ex parte ad interim order
