ground floor opening
towards plot of plaintiff and further they were permanently restrained from
raising construction of staircase over the plot of plaintiffs. Further ... point 'C' & 'D' opening towards plaintiffs plot in
common passage in view of directions given vide judgment and decree dated
year 1936. Later on the said common well was filled up and on
this open plot, a Barat Ghar comprising of one big Hall ... almirah in the said
wall and not demolishing the common wall.
Further the plot no. 3202A, Gali No. 31, Beadon Pura
tenancy of the suit plot
along with the Defendant.
5 On merits, Defendant claimed that the tenanted premises (suit plot ... common tenancy, covering the three premises
was agreed upon between them. On the basis of these facts , Defendant stated
that since the suit plot
vide a common judgment. The subject matters of the appeals
are as follows:-
RCA no. 97/11/11: A constructed house on plot measuring ... constructed house on plot measuring 175 Sq.
Yards comprising of one shop, one room, open courtyard and Pakka
boundary wall forming part of Khasra
build his plot/portion as his
house/plot is in danger condition. It is stated that there is a Gali/way
common to approach ... house of plaintiff and there is a door, which
opens in the house of defendant no. 1. It is further stated that there
there is a corridor linking
rear side from the front in between plots at a maximum distance of 13
meters has also remained uncontested ... rain water flow of the MLU into the open rain water drain constructed for
common use of the MLU and the residential units. However
acres out of the plot no. 39 to Education Dept. and then
also left the passage as the open space for ingress and egress ... which was
strongly opposed by the plaintiff who stated that the said common
passage cannot be blocked or obstructed by any one which has
been
Shiv Ram 10/13
As a common usage and practice it is a settled preposition that generally
any open space or a vacant space ... open space being the
vacant plot of land. There was a plausible reason for the defendants to
use the said open space duly shown
Kailash
PartI, New Delhi with all rights, in common Driveway, entrances passages,
staircase and other common facilities and amenities provided therein,
hereinafter referred ... attached bathrooms, kitchen, lobby and with
proportionate share of land in the plot measuring 248 sq. Yds and
also a servant quarter, of the suit
plaintiffs are not entitled to file the
present suit as the common Rasta/Passage of the village are for
the all inhabitants and only ... ponds through the disputed land and the corporation has
constructed the open surface drain to drain to make out the sullage
water, rainy water
