SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour  ||  Supreme Court: Only Civil Court of Original Jurisdiction Can Extend Arbitral Tribunal’s Mandate  ||  SC: Demolition of Private Property Must Rest on Clear Statutory Grounds and Due Consideration  ||  SC: After Complaint Was Withdrawn, BCI Disciplinary Committee Could Not Penalise Advocate  ||  MP HC: Decree Holder Cannot Defeat Compromise or Initiate Execution by Refusing Debtor’s Cheque  ||  MP HC: Spouse’s Income Cannot Be Clubbed With Public Servant’s for Disproportionate Assets Case  ||  Ker HC: Bar Association is Not Employer & Cannot Form Internal Complaints Committee under POSH Act  ||  SC: Ex-Contract Workers Must Be Preferred When Employers Replace Contract Labour With Regular Staff  ||  SC: Waqf Tribunals Cannot Hear Claims over Properties Not Listed or Registered under Waqf Act    

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 2026 - All Rights Reserved