garbage in the common portion, preventing, interfering, creating
hindrance and nuisance in the use of common facilities and
staircase, terrace at the second floor ... been
given the right not only over the common portion but also the user
of common terrace on the second floor of the suit property
respondents have exclusive right over the top
terrace and the top terrace is also a part of terrace which falls in the
share of respondents ... that top
terrace is not a part of terrace under the ownership of the respondents
and the top terrace is a common area where
flat of the plaintiff. It is stated that there is a common terrace for
installing water tanks, antennas, junkyard, etc but the defendants ... terrace and
from encroaching and raising unauthorized construction on the common
terrace of flat no 40D, SFS Flats, Vijay Mandal Enclave. It is further
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
flat at first floor measuring 75 sq yards
with common terrace rights of the property bearing No.48, Bharti
Nagar, New Delhi110065 by virtue ... respect of the one flat at the second floor in which common terrace
rights had been given to the purchaser by Sh. Aamir Anis
suit property including rooms Mark A, F, G, H, I,
terraces, common facilities and other unauthorized constructions
raised by him and decree for recovery ... shown in site plan marked Ex.
'P' today and terraces, common facilities and other unauthorized
construction at second floor to the plaintiff. Suit
servant quarters along with common facilities like staircase,
common passage, common lift, besides one servant quarter attached with
common toilet.
Defendants have raised the objection ... common bathroom' for
common use. Thus, plaintiff shown prima facie case in his favour to use of
common facilities on the terrace including common
Sadhna Sharma has bricked up the passage to the terrace
from the common area on the ground floor as a result of which ... rights in the suit property with respect to the common
staircase, terrace and roof rights, etc. is derived from his
predecessor in interest. This suit
permissible under the
law, however the usage of terrace shall be common for all
occupants till further construction is done"
xxx xxxx xxxxx xxxxxx ... permissible under the law, however, the usage of
terrace shall be common for all occupants till further
construction is done. However, the door granting access
this is the
fact that the parties clearly record that the terrace is common
area for all. So when it came to the defendant retaining ... occupation namely
one room, kitchen and right to use the terrace in common in the
suit property. The defendant shall execute the deed, as
aforesaid
