property, it was two sided open and there was a common
staircase going through the plot of plaintiff. There was a door in
the middle
plaint has admitted that the space is of
common use of residents of society.
5. The respondent no. 1 / plaintiff has averred in the plaint ... four flats of top floor are facing open
adjacent roof/ terrace; admittedly the open space is for common use for
the residents of the society
Cbi vs . Dharamvir Khattar & Ors. Page 1 Of 179 on 17 December, 2015
1
GRANT OF COMPENSATION
AWARD
1. By this common order I shall dispose off the claim petition titled as Yasmeen
Begum Vs. Mohd Akhtar bearing MACT ... were sleeping in the Jhuggi built on Plot No. J-4/10, Gali
No. 1 Kartar Nagar, Open Plot, Near Nala, 4th Pusta, Delhi
entry from the front courtyard
(adjacent to plot no. C26 side) and a common staircase/entry alongwith
1/3rd undivided share in the said ... entry from the front courtyard (adjacent to plot no. C26
side) and use of common stair case/entrance marked yellow on the plan
with
projection and main gate in her property.
Further, D1 has opened the said gate adjacent to the property of plaintiff.
But, the plaintiff ... window, but as per norms, the doors could be
opened on the common open space meant for the purpose. Accordingly, it
remained unexplained
second floor M-106, Greater
Kailash-I with one servant quarter and common servant quarter
on the terrace since 07.03.2011 and the said portion ... with three attached bathroom, drawing-dining
room, kitchen, lobby rear open balcony, side open balcony
adjoining with drawing dining, one servant quarter one terrace
Begum
W/o Mohd. Anwar
R/o Plot No. 50, Hazrat
Apartment, Yakutpura, Baroda
Gujarat.
Pronounced in open court on 07.10.2015 Page ... Mohd. Akhtar etc.
(3) Bablu @ Ballu S/o Mohd.
Anwar
R/o Plot No. 50, Hazrat
Aptt., Yakutpara,
Baroda, Gujarat
f) Plea of accused : Pleaded
Whether the plaintiff is attempting to encroach
common way/ rasta and it is common land? OPD
30. In view of my findings on issue ... plaintiff
to block the common way was demolished on 20-08-1998 and the common way
was opened as earlier in presence of the representative
shop no. 39 (suit property) situated at
Ground Floor Vikas Cine Mall, Plot no. 813/1, GT Road,
Shahdara, Delhi110032 and to illegally ... Defendants no. 1 & 2 contested the suit by filing common written
statement stating therein that they are in MOU/agreement with the
persons