plot, were asked to leave 10 feet on the western side of
their respective plots, so as to form a road for the common
enjoyment ... side portion of their respective plots, it is
contended that all the plot owners have left 10 feet common
pathway on the western side
common usage plot of the public
as Public Toilet and Plot No.21 was kept as vacant plot as per the allotment
register. Fourth respondent ... with 6 ½ feet Lane the common pathway. The
grievance of the petitioner is that the common Well situated in Plot No.21
has been getting
approved as 'Common Property' to be used for common
Development(OSR Purpose), was converted into a plot and was
allotted to some other ... developed Plot Nos.9, 10 & 11 are shifted and clipped
with the plot Nos.22 to 26. The CP(OSR) Plot
front portion
of the plot. To meet out the expenses, she sold the back portion of the said
plot to the plaintiff on 15.12.1976, wherein ... including the appellant. The lay out does not indicate any common
passage in the plot No.51. While so, the Courts below have considered
gifted to municipality and allocated
for park purpose and other common usage was plotted out and sold out to
the second respondent ... place which was originally allocated for park
and other common usage was plotted out and sold out to the petitioner
thereby all of them committed
acres was plotted out by
Mohammed Mahin Sahib, father of the respondents 8 and 9. Totally, 368
plots in three blocks were plotted ... original lay
out were converted into plots including water body (Malaikannar) and were
plotted into residential plots.
3.It is alleged in the affidavit that
lying on the eastern and southern
side of the plot No.351 was earmarked for
common purpose namely construction of
library, pathway park ... site patta and to evict the
encroachments made in the plot earmarked
the common public purposes. It is submitted
that this respondent will render
unauthorised
construction put up by the 3rd respondent in the common areas in the
plot bearing Block No.P comprising flat ... unauthorized
construction put up by the third respondent in the common area in plot
bearing Block No.P, comprising Flat
that the developer was under an obligation to provide
common amenities to persons who purchase plots from the developer.
According to the Petitioner, the Arbitral ... only
selling land and, therefore, was not under an obligation to provide common
amenities. The Petitioner contended that interest should have been awarded
at least
Approval Copy'. The plan shows 261 Sq.Mtr., as plot
area, 84.67 Sq.Mtr., as ground floor area ... Respondent had constructed the flats in the total plot
area without leaving any place in common usage and side setback. The
walls of the construction
