AI Overview...
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Width of Cart Track - The common cart track discussed in the sources is generally specified as approximately 10 feet wide, as noted in the case CHINNAMMAL vs SENKOTTARAYAN - Madras. This width is recognized as the earmarked or customary width for such tracks, which are used for transportation and access purposes.
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Legal Recognition and Usage - Multiple cases confirm the existence and usage of cart tracks as public or common property. For instance, in 2012 In S.A.No.112/2012 : Chinnusamy ... Appellant/4th Defendant .. Vs .. 1. Kaliammal 2. Arumugham 3. Jayapal 4. Selvi ... Respondent - Madras, the cart track is recorded in revenue records and is used as a leading route to land, with its classification as a village cart track. The width and existence are often established through physical evidence, revenue records, and customary usage.
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Rights and Ownership - The cart track is often considered a common easement, with courts emphasizing that individual landowners cannot claim exclusive rights over it (e.g., CHINNAMMAL vs SENKOTTARAYAN - Madras, R. Eswaramurthy vs K. Palanisamy - Madras). The right to use such tracks is generally derived from customary rights, prescription, or legal recognition as a public easement under applicable laws like the Indian Easements Act, 1882.
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Disputes and Clarifications - Disputes frequently involve whether the cart track is distinct from other paths or land features and whether the defendants have rights to obstruct or alter it (S.SUBBU GOUNDER Vs K.NIRMALA - Madras, Ayyasami VS Periyasami (late) - Madras). Courts often rely on physical evidence, revenue plans, and historical usage to determine the existence and width of the cart track.
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Summary - The typical width of a cart track, as established in various legal cases, is around 10 feet. It is recognized as a public or common easement, with its existence supported by revenue records, physical evidence, and customary use. Legal disputes focus on rights of use, ownership, and whether the track is distinct from other paths, with courts generally affirming the track’s public nature and standard width.
References: - 2012 In S.A.No.112/2012 : Chinnusamy ... Appellant/4th Defendant .. Vs .. 1. Kaliammal 2. Arumugham 3. Jayapal 4. Selvi ... Respondent - Madras - CHINNAMMAL vs SENKOTTARAYAN - Madras - S. PALANISAMY (DIED) vs SENNIAPPAN - Madras - S.SUBBU GOUNDER Vs K.NIRMALA - Madras - V. MAHENDRAN VS DISTRICT COLLECTOR, MADURAI DISTRICT - Madras - K. Ramasamy vs K. Ramasamy, [Died] - Madras - R. Eswaramurthy vs K. Palanisamy - Madras - Ayyasami VS Periyasami (late) - Madras - Ammavasai Gounder @ Kaiponnan VS Muniappa Gounder - Madras - GOVINDAMMAL vs BALAKRISHNAN(DIED) - Madras
Search Results for "What is the with of Cart Track"
• India - Madras High Court
Honourable Mr Justice RMT. TEEKAA RAMAN
track and for permanent injunction restraining the Government from using the same as a common cart track. ... EASEMENT - PUBLIC CART TRACK - CLASSIFICATION - REVENUE RECORDS - EVIDENCE - [S.A.Nos.112 and 113 of 2012] Fact of the Case ... : The plaintiff filed a suit for a declaration to declare the suit property as a common cart track leading to his land. ... track is in Survey No.295/3 and the same is recorded as village cart #HL....
2023 Supreme(Online)(MAD) 30763 • India - Madurai Bench of Madras High Court
earmarked common cart track of 10 Ft., width went through S.Nos. ... Chinnasamy in which it is held that existence of Cart -track admitted by parties. Usage of cart track as to whether it leads to both sides can be seen only physically. ... Particularly, the second petitioner cannot claim individual right on the common cart track. ... The 2nd petitioner has no right to erase the surface of common cart track#H....
• India - Madras High Court
EASEMENT - CART-TRACK - RIGHT TO USE - OWNERSHIP OF LAND - LOWER BHAVANI PROJECT CHANNEL - RIGHT TO DRAW WATER - CUSTOMARY RIGHT ... Whether the plaintiffs were entitled to a permanent injunction in respect of the cart-track? Ratio Decidendi: 1. ... The First Appellate Court also held that the plaintiffs were not entitled to a permanent injunction in respect of the cart-track, ... However, the defendants obliterated such channel and attempted to put up cart-#HL_STAR....
• India - Madras High Court
Honourable Mr Justice R. SUBRAMANIAN
track shown in the Commissioner’s plan is different from the cart track in which the plaintiffs have been given a right. ... Therefore, it is for the defendants to establish their claim that there is a different cart track.] ... Therefore, it is for the defendants to establish their claim that there is a different cart track. ... the cart track. ... track shown in the Commissioner’s plan is different from the ....
2018 0 Supreme(Mad) 3104 • India - Madras
T.RAJA, KRISHNAN RAMASAMY
[ISSUES] Dispute over the existence of a cart track in the petitioner's property and the restoration of the cart track in the revenue ... [RATIO DECIDENDI] The court held that the restoration of the cart track by the District Collector and the existence of the cart track ... The respondents claimed the existence of a cart track in the property. ... a cart track in S.F.No.30/4. ......
2024 Supreme(Online)(Mad) 79295 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Rajasekar, J
granting entitlement to use the cart track. ... ... ... Issues: The main issues included the right to use the cart track and the interpretation of easement rights. ... (A) Indian Easements Act, 1882 - Section 13 - Right of way - Appellant claimed easement by prescription over cart track - Lower Appellate ... Having allotted 1/3 share, even though, there is no mention about the cart track to reach his land in Survey No.112/1, he claims that there is....
2023 Supreme(Online)(Mad) 97625 • India - Madras High Court
Ratio Decidendi: The Courts below held that the suit Cart-track was a common Cart-track and that the 1st defendant had a legal ... Whether the 1st defendant had no right to use the Cart-track? ... the 1st defendant's existing right in the Cart-track, was valid and enforceable. ... along the 27 links Cart-track. ... Even in the partition deed, Ex.A.1, the Cart-track has only be....
2022 0 Supreme(Mad) 316 • India - Madras
R.VIJAYAKUMAR
also found that suit cart track does alleged cart track and where cart track ends - Alleged cart track does not run through the Survey ... that there is a cart track - Defendants contended that no cart track runs through their private patta land - Alleged suit cart track ... of cart track and they attempted t....
2017 0 Supreme(Mad) 3317 • India - Madras
T.RAVINDRAN
Issues: The main issue was whether the appellants had exclusive title to the suit cart track, and whether the cart track was ... The suit cart track was found to be a common property meant for the general public. ... that the appellants failed to establish exclusive right, title, and interest in the suit cart track. ... such over the suit cart track. ... 2 feet lower than the suit cart ....
2024 Supreme(Online)(MAD) 517 • India - High Court of Madras
Hon`ble Mr Justice S. SOUNTHAR
Fact of the Case: A petitioner's request for appointment of an Advocate Commissioner to measure a disputed cart track ... Finding of the Court: The court found that the identification of the cart track is essential for resolving the dispute ... track. ... The suit is for declaration of petitioner's right of way and for mandatory injunction to the respondents to remove the construction put up by them in the suit cart track. Therefore, the identification of the suit....
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