adjoining and
neighbouring tenaments which had been fixed above the common
terrace of the building-, (iv) that they were wrongly
preventing the respondents- plaintiffs ... used by the defendant of the water in common
over-head storage tanks in the common terrace area for his
business purposes depriving other tenants
contained whereas the defendants
are residing in the other portion of the terrace flat. While dealing with
the facts of the case it was also ... defendants though the two form part and parcel of one common terrace flat.:
The appellate court while considering the case of the defendant licensor
that
allottee;
2(n) – Definition (n) "common areas" mean— 2(m) – Definition of
of “common “common areas”
areas” (i) the entire land ... staircase and lift lobbies, fir
escapes, and common entrances and exits of
buildings;
(iii) the common basements, terraces, parks, play
areas, open parking areas
rightly so, in view of the fact
that after handing over the common amenities under the
Agreement dated 15.11.2003, the opposite party continued to
carry ... terrace of Tower Eden was let out by the
opposite party to a company, leaving the residents of Tower Eden
without a terrace for common
were armed with spears or that they went up
the terrace with the common object of committing any
offence. On the other hand the statements ... were armed with spears, or that they went up the terrace
with the common object of committing any offence
floor was to be shared by both parties, along with
the terrace and common areas. The building was to be named ‘Menon
Eternity’. An additional
consists of 42 rooms. It is
a four storied building with terrace and common area. On 21.06.2019
the respondent No. 1 along with other
apartments) thereon, open and covered car
parking space, terrace and undivided share in the
common area and facilities, etc. of project.
2.3 That the Second ... respect of units or super built up area of
flats, common area and facilities, terrace open and
covered, parking etc. together with undivided share
carried out by the CBI reveals, that the stairway leading to
the terrace was from inside the flat (of the Talwars), was erroneous. This
inference ... recorded, as the
stairs leading to the terrace were from outside the flat, i.e., from the
common area of the apartment complex beyond
part of the common amenities. Is the High Court
right in its view? MOFA does not define nor it explains
`common areas and facilities ... Society Office;
7 Security guards cabin;
7 Common passage/lobbies;
7 Stair case;
7 Lift;
7 Terraces over the roof of the building;
7 Landings
