rights in the land underneath with all common facilities like staircase,
common passage, common entrance, common terrace, common water tank
and septic tank on ground ... ground floor because a right to enjoy common facilities
like staircase, common passage, common entrance, common terrace,
common water tank and septic tank, common scooter
executed by the seller
in her husband's name with common terrace rights. She did not
get CI and GI pipes of plaintiff cemented ... That is why it needs to be replaced.
7. She has common terrace rights. She never locked the
wooden door of common staircase/passage from
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
plaintiff that
defendants are obstructing the plaintiff from using terrace
or accessing the terrace over the plaintiff ground floor
portion being the suit schedule property ... defendants property to have an
access to his terrace through the terrace of defendants
since from more than 40 years. This fact has been denied
wall in between and they have a
common terrace. He had good talking terms with
deceased Sneha Malik and used to say her bhabhi.
Accused
aforesaid property i.e. the entire third floor with roof or terrace
rights, consisted of three bed rooms with attached bathrooms or
toilets, one drawing ... kitchen, one
servant quarter on stair case with common toilet and bath,
alongwith common terrace or roof thereupon and above in property
first floor comprising of two rooms,a
kitchen and open terrace with common bath and laterine but in the
meantime the defendants succeeded in dispossessing ... first
floor comprising of two rooms,a kitchen and open terrace with
common bath and laterine but in the meantime the defendants
succeeded in dispossessing
rooms, two
bathroom, one small kitchen and open space along with terrace and common
scooter garage on the back side. In the year 2009, plaintiff ... bathrooms,
one small kitchen and open space along with terrace rights and a common
scooter garage on the ground floor". For this purpose
Delhi-110048 along
with one servant room and use of common toilet on the terrace
(hereinafter, referred to as 'suit property').
2. Succinctly ... Delhi along with one
servant room and use of common toilet on the terrace of
the aforesaid property; and
(b) pass a decree for recovery
floor and second floor and three servant quarters with
common W.C on the top terrace of the building. In terms of the
aforesaid Collaboration ... terrace of the building, with terrace rights, thereof and the
remaining portion i.e entire second floor (without terrace thereupon)
with one servant quarter
