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
open areas including
garden. Claim of plaintiff of fourth floor terrace being common area
was denied.
11
10. On consideration of rival contentions, trial Court ... also put up
construction like shed and room on fifth floor terrace in common
area which belonged to all apartment owners. Since plaintiff himself
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
that was originally open to air) leading up
to the third floor terrace;
ii. Placement of steel fencing and installation
of door frames and lockable ... area of the second floor and
passages used to access the common
terrace area;
iii. Construction using brick and cement for
enclosing the entire terrace
license with regard to the construction
of additional floor on a common terrace. She further submits
that the proceedings initiated under Section
above it,
-4-
RSA No. 565 of 2020
there is common terrace meant for use of all the owners.
Defendant No.1 is responsible ... maintain the common area
and the amenities and also to keep up the facilities including
maintenance of the terrace. The terrace above 8th floor
works on an immovable property,
as per the sanctioned plan;
(n) "common areas" mean--
(i) the entire land for the real estate project ... staircase and lift lobbies,
fire escapes, and common entrances and exits
of buildings;
(iii) the common basements, terraces, parks, play
areas, open parking areas
between a stilt floor, ground floor and
four floors along with terrace and common areas. The
petitioner along with other co-owners have executed
between a stilt floor, ground floor and
four floors along with terrace and common areas. The
petitioner along with other co-owners have executed
total super built-
up area, along with proportionate car parking area, common area,
terrace area, garden space and 50% of the benefits accrued from ... parking area, 50% of
garden area and 50% in terrace as described in the
schedule.
The complainant is entitled to recover rent at the rate
