herein afterwards referred to as suit schedule
property) with common staircase, common passage, common
terrace and vacant space in front of ground floor are exclusively ... building), Doddakatappa
road, Ulsoor, Bangalore 560 008, with common staircase,
common passage, common terrace and vacant space in front of
ground floor exclusively belongs
common area, and there are no common facilities, such as the water
tank, plumbing lines and other installations in the terrace area
earmarked as their ... shall exclusive rights to their portion of the
terrace, and the terrace is not a common area for the
apartment owners of tenants
illegal construction
carried out by the respondent No.5 on the Common
Terrace.
C. Your Lordships may pleased to direct the respondent ... illegal construction carried out
by the respondent No.5 on the Common Terrace.
D. Any other relief that may be deemed just and proper
storied building and opened a door to
his building from the common terrace which belongs to
both the plaintiff and the defendant as such plaintiff ... said common passage, gates, open space,
22 O.S 3194/2006
staircase, which have been agreed to be used
in common. Since the terrace
other basis and/or encumber in any manner the
common terrace and all common areas, open land, compound, compound wall as
the same shall remain ... sell or create any
third party rights and/or encumber, common terrace area, open land compound,
compound wall which would remain the property
necessary
parties?OPD1
Issue no. 5 Whether the terrace is meant for common use?OPP and
OPD2
Issue no. 6 Whether the plaintiff is entitled ... terrace. Terrace has
rather been sold to defendant no.1 has per his document. However, it is not
just the terrace on the second floor
situation. The properties in question were rather small and had a
common terrace without any parapet dividing the terrace. The scaled
site plan
defendant. The garage, drive way, passage and the terrace
floor would be common for both the parties. The consideration of the
agreement ... floors would fall to the share of
the defendant. The terrace rights would be common. The covenants
CS (OS) No. 519/2011 Page
Chandigarh, on rent having one room, one kitchen and common terrace. The
plaintiffs have been able to establish that the furniture being used ... vacate, they were in occupation of
one room, one kitchen and common terrace at monthly rent of ` 500/-. In the
premises in dispute, the appellant
becomes permissible, the entire second floor
terrace (excluding servant rooms, common W.C, common
facilities/amenities and right of access through staircase and
passage thereto ... terrace floor. The use of the word "second floor
terrace", in my view, is merely descriptive of the terrace, which existed
when
