after erecting or
putting stone pillars in the cart track area as if the cart track is lies in
http://www.judis ... suit cart track alleging that the suit cart
http://www.judis.nic.in
5
track measures only 7ft in width and the defendant
width of the suit "Cart Track"
as 15 feet.
4.3. Since the usage of "Cart Track" by the plaintiff is apparent ... under Ex.A6, the suit Cart has been described as "Cart
Track" having a width of 15 feet. The document under
take the carts to their lands through the suit cart
track and they used the said track by walk. The suit cart track is absolutely ... admitted. It is an imaginary cart track.
The existence of the alleged cart track is denied. The cart track mentioned in
the sale deed
padhai (public road). The
appellants reduced the width of cart track and encroached the cart track and
raised coconut trees, paddy crops and hence ... reduced the width of cart track and
encroached the suit cart track by raising crops and coconut trees. When the
plaintiffs
cart track in favour of the plaintiff by way of the sale deed
dated 11.09.2008 and though the defendants would admit that the
cart track ... cart track measuring a
breadth of 16 feet and even in the FMBs marked as Exs.A6 and A7, the
cart track depicted therein
cart track to
take the carts and vehicles and it is sufficient that the cart track measuring
above only 10 feet width is provided ... sufficient that the cart track to take carts is provided.
Hence I hold that the cart track to an width of 10 feet is sufficient
cart track and whether the same has come into existence. Even Ex.B-1 only
contemplated an agreement to form a new cart track ... does not in anyway prove the existence of the 40 feet width cart track as claimed by
the defendants.
19.If the defendants were confident
report mentioned the width of
the track only in XYZ portion and he has not measured the width of the cart
track throughout ... Commissioner failed
to mention the width of the cart track to the entire length of cart track, the
entire report need not be scrapped
cart track joins the tar road
connecting Murugan Kovil and Milagai Nayakanur. However, in the field
measurement book, the measurement of the cart track with ... wrongly mentioned
as "0" width whereas on site, it measures 7.20 meters width. The cart
track begins from south north tar road situated
cents)
reserved for cart track in the same survey in all totally along with enjoyment
right to cart track width about 16 feet reserved ... cents) reserved for
cart track in the same survey in all totally along with enjoyment right to cart
track width about 16 feet reserved
