Plot Nos. 57 and 58 are divided in 8
sub-plots and such sub-plotting was also
sanctioned by the concerned authority. Said 8
plots ... sanctioned on
8 plots of original plot Nos. 57 and 58. As per
the said scheme, out of said 8 plot holders, 4
members have
land of Narayannagar Society known
as common plot land of the society which is situated at Revenue
Survey No.4/2 block ... that
society is having open space area which is earmarked as common
plot in the map of the society and the said common plot
occupying a residential tenament,
which was adjacent to the common plot of the society. It was
the case of the plaintiffs before the Trial Court ... that the said
defendant had encroached upon the common plot of the
society for his personal use, which was to be used
1996. The preferential plots are mainly the
corner plots and plots having advantageious locations
and these plaintiffs had purchased aforementioned
corner plot having advantageous position ... free uninterrupted and unrestricted
access into the common areas and more particularly
the common areas behind plot Nos.1,2 and 3 including
the suit
along with Undiv SH adm.
130.79 sq.mtrs in the common
road and common plot total
admeasuring about 1220.77
sq.mtrs.
Residential Plot ... mtrs
alongwith Undiv SH admeasuring
130.26 sq.mtrs. In the common
road and common plot, total
admeasuring about 1225.15
sq.mtrs.
Residential Plot
decree of the Court provided
inter alia firstly that the open common plot space
which was located between the boundary of the house ... temple,
shall be erected between the proposed temple and the
common plot. It was thirdly agreed to be made part of
the decree that
same society. Next to the
house of the complainant, there is common plot. Members of
the society intended to construct a community hall ... said
common plot for the benefit of the members of the society.
The complainant objected to it because if the community hall
would be constructed
petitions are heard and disposed of,
however, by separate findings through this common order.
27
13.11 The 3rd respondent Society is now represented ... after considering several alternatives,
tentative layout was prepared carving out 478 plots of 120 sq. yards
and 276 plots of 100 sq. yards each
petitions are heard and disposed of,
however, by separate findings through this common order.
27
13.11 The 3rd respondent Society is now represented ... after considering several alternatives,
tentative layout was prepared carving out 478 plots of 120 sq. yards
and 276 plots of 100 sq. yards each
dealt with Plot Nos.21 and 22. The contention of the respondents that Plot Nos.21 and 22 have been treated as common by both ... common. Excluding well area, other areas in the plots cannot be treated as common area. When the lay out was formed by Sivasankaran Mudaliar
