Greater
KailashÂII, New Delhi i.e. common services, driveway, staircase, common
passages, facilities, terrace above the second floor (southern side ... stating that builder has no right over the terrace
and terrace is common for 3 occupants.
Since the original of said document were not available
right to claim
a share in the terrace or to claim that the terrace constituted a common area
for the benefit of all occupants ... right to claim a share in the terrace or to claim that the terrace constituted
a common area for the benefit of all occupants
defendants
in plaintiff's right to go to the common terrace.
15. Defendants have raised two-fold objections to the suit of plaintiff.
Firstly ... employees
are obstructed by the defendants from accessing the common terrace,
where her cemented water tank is installed.
17. Plaintiff has also averred that defendants
grievance is in respect to access to
the terrace and to use the terrace as a common terrace. There is no prayer ... terrace. There is also no prayer for restraining defendant no.1 to interfere in
the use of plaintiff to the said terrace as common terrace
2022 ORDER DATED: 21/10/2022
respondent No.6 on the common terrace of Park Elegant
Apartment constructed on the land bearing Final Plot ... immediately stopped the construction
started by respondent no.6 on the common terrace of Park
Elegant Apartment constructed on the land bearing Final
Plot
jhumar, five holder, seven curtains rods at third floor with
common terrace and common scooter parking space at ground floor forming part ... jhumar, five holder, seven curtains rods at Third Floor with
common terrace and common scooter parking space at Ground Floor forming part of
property
encroached over and carried out
illegal and unauthorised construction upon the
common terrace area, open to the sky, and fixed two
additional doors ... them locked
and thereby deprived the plaintiff from enjoyment of
the common terrace area;
(c) The defendant has intentionally locked gates of the
suit premises
clear as to the
saleable super built up area including the terrace area, common
areas and car park in the multi storied apartment building ... come to the
his terrace area and threatened him that he shall not use terrace
area and obstructed usage of terrace area and further threatened
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
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
