NCLAT: Corporate Debtor’s Guarantor Liability Unchanged Despite Internal Adjustments Among Creditors  ||  NCLAT: Plea under IBC Section 7 Can't Be Restored After Corporate Debtor Pays Principal & Interest  ||  Delhi HC: Wife Can Be Denied Maintenance If She Fails To Submit Latest Salary Slips  ||  Kerala HC: Income of Parent Who Abandoned Family Shouldn’t Count For EWS Reservation Eligibility  ||  Gujarat HC: Writ Courts Interfering in Arbitral Procedure Orders Defies A&C Act’s Purpose  ||  Delhi HC: Plaintiff Doesn’t Have Vested Right to File Rejoinder under CPC  ||  J&K&L HC: Name Change Is Fundamental Right; Boards Must Consider Legal Documents, Not Reject Request  ||  SC: Administrative Delays by State Agencies Must Not Be Condoned  ||  Sc: When Sale Deed Is Void, Possession Suit Follows 12-Year Limitation under Article 65, Not Art 59  ||  SC: Preliminary Inquiry Report Can’t Stop Court from Directing FIR Registration    

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