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Author Topic: easementry right under section 147  (Read 337 times)

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Offline anil2910

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easementry right under section 147
« on: April 04, 2017, 12:16:16 AM »
Two neighbour parties A & B have  dispute over common path which lies in the land area of A .
The only path  5*100 ft . over land of A connecting to building of B , utilised by B for more than 3 years. Now, A has blocked the path & created a Kutchha construction over path. B has no any other approaches to his house.
B files a case before SDM for easementry right of way .The SDM calls for report from Police station & then  C.O. & finally allows easementry right to B over land of A & directs A to remove wall within 15  days.
A files a Cr.revision on the ground that SDM has passed order without adducing any evidence , no mention of any pathway in sale/ puchase  deed of land & legal right of  A over the land.This  was admitted by District & session judge but finally disposed  of  in favour of B , rejecting petition.

A now plans  for second appeal in High court .
Kindly opine about the remedies available to  B & the probability that case will be admitted by High court.

 

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