legitimate free access of other allottees of Flat to the
common terrace for maintaining essential service. Thus, this is the context in which the
appellant ... Shri Gopekrishan, Asst. Director & PIO, that it is a common
terrace and as per rule, the common terrace is to be used
been included in the common area. What
has been used there is "common areas of terrace". Meaning thereby
that even in the words ... water tank situated on the terrace / water pipelines /
generator facilities / corridors / stairway / lifts/ lift
room located on the terrace / terrace amongst other
Suit
share.
The garage, drive-way, passage and the terrace floor were to be common to
both parties. The consideration of the agreement was ` 27 lakhs ... floors would fall to the share of the
defendant. The terrace rights would be common. The covenants between the
parties were contained in para
alongwith rights simultaneously to the servant quarter and
common toilet on the terrace floor/third floor, and therefore, once the
defendants ... passage, stair case, common services like Municipal
water and other common services/amenities in the said property shall be
commonly enjoyed by the Second party
under:
"Other area" shall mean and include the basement,
terrace, common space (both covered and open),
atrium, corridors (both covered and open), drive
Notice dated 09.05.2016 asking to remove the construction made in the common terrace, failing which, the common terrace shall be put to lock and seal
built up area and 186 sq.ft of common area with common terrace and covered car
parking in the apartment complex. The construction work ... built up area with 186 sq.ft common area with terrace has not completed within 36 months or within the extended period of 3 months
water supply and
hiding the keys to the main gate/terrace/common areas. They had even
threatened to implicate the complainant in false cases. Despite
family members from peaceful
ingress and egress to the terrace for common services i.e water tank, etc.
Plaintiff further prayed to direct defendant ... representative from interfering in the peaceful ingress and egress to the terrace
for common services i.e. water tank etc. It is clear that there
para 18 & 19
as under:.
"18. Common areas or common portions must remain common
to all the allottees and cannot be grabbed ... been conferred on
allottees of floors below regarding the use of terrace as common
space.
21. The question therefore, which needs to be answered
