respondents have exclusive right over the top
terrace and the top terrace is also a part of terrace which falls in the
share of respondents ... that top
terrace is not a part of terrace under the ownership of the respondents
and the top terrace is a common area where
flat of the plaintiff. It is stated that there is a common terrace for
installing water tanks, antennas, junkyard, etc but the defendants ... terrace and
from encroaching and raising unauthorized construction on the common
terrace of flat no 40D, SFS Flats, Vijay Mandal Enclave. It is further
plaintiff in the terrace as it only indicates that for the purpose of
going to the terrace the common staircase is to be used ... common terrace" and not the open space. Hence as
the plaintiff has failed to prove not only that the terrace is common but
also
flat at first floor measuring 75 sq yards
with common terrace rights of the property bearing No.48, Bharti
Nagar, New Delhi110065 by virtue ... respect of the one flat at the second floor in which common terrace
rights had been given to the purchaser by Sh. Aamir Anis
suit property including rooms Mark A, F, G, H, I,
terraces, common facilities and other unauthorized constructions
raised by him and decree for recovery ... shown in site plan marked Ex.
'P' today and terraces, common facilities and other unauthorized
construction at second floor to the plaintiff. Suit
servant quarters along with common facilities like staircase,
common passage, common lift, besides one servant quarter attached with
common toilet.
Defendants have raised the objection ... common bathroom' for
common use. Thus, plaintiff shown prima facie case in his favour to use of
common facilities on the terrace including common
common driveway, entrances, passages, staircase and
other common facilities and amenities provided therein. It is further
denied that plaintiff is the owner with terrace rights ... WATER
STORAGE TANK WITH COMMON W.C. ON THE
SECOND FLOOR TERRACE.
TERRACE RIGHTS AS PER CLAUSE NO.4
HEREOF."
Clause 4 is also
associates etc. from encroaching and carrying out any construction
over the common terrace/roof of the third floor of the property
FA41, Thokar ... flats each on the first, second and third floor with common
roof/terrace for all the occupants of the building. The defendant No.
2 agreed
sleeping along with her husband and a child on the common
terrace of her tenanted premises. She realized that someone was
sleeping besides her whom
terrace which prevented
the plaintiffs from having access to the common facility of terrace
and even posed hindrance in the cleaning of tanks even ... gates leading to terrace on the ground
that it is common area and common facilities are to be enjoyed by all
residents equally has some
