Legal Question in Civil Rights Law in India

Passage With Easement Rights

Thank You for your kind reply of my earlier mail dated 29.12.08

This is repetation of my earlier question with little modification.

My neighbour has blocked my adjacant Passage which is marked as ''common passage with easement rights'' in my registered deed.

This is a 3 ft path along with my partition wall. But in my seller's deed(Mr Kundu, from whom I had purchased the property), it was written as ''passage with easement rights'' (when Mr Kundu purchased the land from the earlier owner).

Please note the difference, it was '' passage'', not ''common passage'', as mentioned in my present deed. Is there any technical differences between two as per law?

Also as in my neighbour's deed, the passage is marked as ''passage'', not ''common passage''. So they are claiming it to be their ''Private Passage'' and blocked the adjacant passage with fencing.

Please Advice regarding the technical side of the dispute. It is not practical to go to court for this small piece of passage but without that passage, I am facing lot of problems. What should I do.


Asked on 1/02/09, 5:23 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Passage With Easement Rights

You may approach to the local police station letting them know about the nuisance created.

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Answered on 1/03/09, 6:22 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Passage With Easement Rights

Blocking a passage amounts to 'nuisance' under Criminal Procedure Code. You may approach the local police for removal of nuisance, if any.

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Answered on 1/02/09, 6:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Passage With Easement Rights

Blocking a passage amounts to 'nuisance' under Criminal Procedure Code. You may approach the local police for removal of nuisance, if any.

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Answered on 1/02/09, 6:24 am


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