Harbrinder Singh Khosa & Ors v Manmatharayan Ganesaryan & Anor

Harbrinder Singh Khosa & Ors v Manmatharayan Ganesaryan & Anor

The transfer did not include airspace above the extension; the units on the roof constitute trespass; damages in lieu of injunction are appropriate, but injunction is suspended unless and until planning permission is obtained for development of the airspace.

Parties
Appellant: Harbrinder Singh Khosa; Appellant: Jasbir Kaur Khosa; Appellant: Rajinder Singh Khosa; Respondent: Manmatharayan Ganesarayan; Respondent: Sivananthy Ganesarayan
Jurisdiction
England and Wales
Judgment Date
20 March 2026
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Flying Freehold, Trespass, Injunction, Damages in Lieu, Construction of Transfer, Suspension of Injunction
Property Law Civil Procedure Flying Freehold Trespass Injunction Damages in Lieu Construction of Transfer Suspension of Injunction

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Parties

Harbrinder Singh Khosa

Appellant

Jasbir Kaur Khosa

Appellant

Rajinder Singh Khosa

Appellant

Manmatharayan Ganesarayan

Respondent

Sivananthy Ganesarayan

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does the transfer of property include the airspace above the extension?
  2. 2 Do the units on the roof constitute trespass?
  3. 3 Should an injunction be granted or damages awarded in lieu?

Ratio Decidendi

The transfer did not include airspace above the extension; the units on the roof constitute trespass; damages in lieu of injunction are appropriate, but injunction is suspended unless and until planning permission is obtained for development of the airspace.

Court Disposition

appeal allowed in part

Orders

  • Damages awarded in sum of £50,000 for trespass.
  • Injunction imposed requiring removal of units, suspended unless and until planning permission is obtained for development of airspace above extension.