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
single storeyed house having open terrace and access to the open terrace is
by means of pucca built common staircase.
2.2 Late Shri Parshotam Dass ... same and
would jointly have access to the roof to the terrace through common
staircase. However, the parties herein have very conveniently bifurcated /
partitioned
common terrace.
Petitioners have also installed a mobile tower on the
terrace and blocked the entrance. From 10 illegal shops
constructed in the common place ... shops in the common area and rented
out to various persons, a mobile tower is also installed in
the terrace and entrance to the terrace
entire ground floor and second floor with
roof/terrace rights alongwith common staircase and superstructure. It
was further claimed that the aforesaid portions were purchased ... second
floor with the superstructure built thereupon and roof/terrace rights
alongwith common staircase (hereinafter, the 'suit property'); of
permanent injunction restraining
affixed to the side wall
Room 5 - Discarded electrical wirings
c. Terrace and common passage.
Few discarded wooden planks.
The above list is exhaustive ... Room 3 - Nil
Room 4 - Nil
Room 5 - Nil
C. Terrace and common passages
Nil
The above list is exhaustive and is evindenced vide
rights of the
Plaintiffs in respect of the said terrace (forming part of the common
areas) on the sixth floor. Further, averment is made ... Defendant
builder with an attempt to block access to the common area / terrace
and render the same inaccessible for which the present Suit also
mtrs and undivided half
share (55 sq.mtrs.) in the common terrace
admeasuring 110 sq.mtrs., ftldh lhek;sa fuUu gS&
North : Mall Road
illegal
and unauthorised construction of an additional floor on the common
terrace/roof of flats bearing No. 6109/8 and 6149/7 both
demolish the
structures and only instructed the petitioners to
handover the common terrace along with gate keys to
the apartment association members within three
weeks
same cost for the built up area with the open terrace area, common area and other charges for amenities, in addition to the total cost ... project such as total area of the flat, open terrace, common area, undivided share, number of rooms, bathrooms/toilets, doors, grill works, flooring, windows, extension
