booking of
plots or houses as per the scheme. The company can appoint
banker and selling agents for the booking of plots ... meant to cater to the need of common man, as
the size of the plots was from 4 marlas to 10 marlas. The details
sale-deed executed to facilitate transfer of title of 1000
Sq.Yds. plot in favour of the complainant. In the light of such
statement, parties ... their hard earned money on the
pretext of selling plots carved out of a common pool of land and
without their being any demarcation
through Sanyam Dudeja with regard to a
plot measuring 204 square yards having 50% common open space and 50%
covered area @ ` 27,500/- per square ... total
cost of the plot through RTGS on 20.5.2008. The petitioner made the entire
payment of the plot, i.e. ` 63,90,500/- on different
khasra no.23//30/1/7. Therefore, there is no commonality as
the plots are different and in this background of the matter, pursuing ... mutation does not reflect any plot number, though sale deed may be, but
the fact remains that there is commonality of khasra
plots
of 100 sq. yards each were allotted to all the eligible persons under
the Yojana out of the shamlat land and the plots were ... prepared
showing the location of plots, giving them distinct numbers and
further leaving open spaces such as streets, common areas and
park. Subsequently
petitions are common.
The petitions are, therefore, disposed of by this common order
and judgment.
4. The petitioners' entitlement to the plots
defendant-petitioner cannot enter the constructed portion of the
plaintiff-respondent plot but no injunction has been granted
against the defendant-petitioner ... plot. The defendant-petitioner also claims that the
portion which has been 7 ft. width in front of her plot is not a
common rasta
case may be. Their grievance is common;
though the petitioners being oustees were entitled for allotment of
plots/sites in terms of the Rehabilitation
colour in enclosed
site plan Mark-A and bounded as under:-
East:- Common Passage
West:- Sardool Singh & Kulwant Singh
North:- Khushal Singh
South:- Bhagat ... Singh
West:- Bhagat Singh
North:- Common Passage
South:- Sohan & Parkasho.
(d) Haveli (unconstructed) in the share of plot and
passage shown in blue colour
predecessor-in-interest of the appellant-plaintiff was always using
the common passage for access and exit and particularly when the
residential house was sold ... sale deed regarding the
common gali on his own, i.e., particularly, the western side of the plot. The
finding arrived at by the Lower
