P&H HC Takes Suo Motu Cognizance of Staff Shortage in Chandigarh's PGIMER Hospital  ||  Bom. HC: Can’t Deny Bail to Accused if State ‘Considering’ Appeal against Bail of Co-Accused  ||  Karnataka HC: State to Consider Bringing Regulations to Monitor Sewage Treatment Plants  ||  Chh. HC: It is Trite That Under Evidence Act, 1872 Facts Have to be Established by Primary Evidence  ||  Ker. HC Appoints Amicus Curiae for Guidelines of Committee Examining Medical Negligence Cases  ||  Kerala HC Directs Appellate Authority to Consider Application for Restoration of Appeal  ||  Bombay HC: Providing Formal Housing to Slum Dwellers Within the City is a Step Towards Equality  ||  Mad HC: Under Tamil Nadu Government Servants' Conduct Rules, 1973, Matrimonial Dispute is Misconduct  ||  NCLT Mumbai: Can Admit Application u/s 7 of IBC Absence of NeSL Certificate  ||  Delhi High Court Calls for Finalization of Foot-Over Bridge for Rajputana Rifles    

Surabhi Gehlot and Ors. v. Swarn Kanta Punj - (High Court of Delhi) (18 Sep 2015)

Right to park vehicle not reasonably necessary for enjoyment of tenancy

MANU/DE/2713/2015

Tenancy

In a case where the Plaintiff had raised dispute to the Defendants’ installation of a gate that prevented her from parking her car, the Court held it irrelevant how long she had been parking her car. Having failed to satisfy the requirements of a dominant and servient heritage, the Plaintiff did not have an easementary right of way, let alone an easementary right of parking. Further, the right to park was a valuable right that, unless expressly stated in the lease, could not be assumed. The Court determined that though the right to park a car was not reasonably necessary, Plaintiff’s right to walk over the disputed land was a necessity for the enjoyment of her tenancy.

Relevant : Chapsibai Dhanjibai v. Purushottam MANU/SC/0564/1971 Jeenab Ali v. Allabuddin, MANU/WB/0185/1896 Haji Abdulla Harron v. Municipal Corporation, Karachi MANU/SN/0017/1938

Tags : TENANCY   EASEMENT   PARK   VEHICLE   NECESSARY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved