land of Narayannagar Society known
as common plot land of the society which is situated at Revenue
Survey No.4/2 block ... case of the petitioners that
society is having open space area which is earmarked as common
plot in the map of the society
respondents in the common area, which is ear marked as park,
open space and common pathway which is adjacent to the Plot
No.6, Salaimarathu ... Plots, viz., Plot
No.5 was allotted to him. The 6th and 7th Respondents had acquired
Plot No.6 by means of allotment from
Towards East - Plot No.2405/30,
Towards West - Plot No.2405/32,
Towards North - Plot No.2405/1,
Towards South - Road.
(v) Open site bearing ... East - Plot No.2405/23,
Towards West - Plot No.2405/25,
: 10 :
Towards North - Plot No.2405/9,
Towards South - Road.
(iii) Open site bearing
means any one or more than one utilities such as roads, streets, open spaces, parks, recreational, grounds, play grounds, water and electric supply, street lighting ... building consisting of serviced studios shall provide amenities like laundry space, common kitchen, common room for indoor games or entertainment. It shall be permissible
purchased portion within the said plot. It
was submitted that when the said approach way and
common area was being used for a long period ... recitals to the effect that there exists common space,
road and toilet and further that the open space was
being used continuously
common plot of the society. It was
the case of the plaintiffs before the Trial Court that the said
defendant had encroached upon the common ... plaintiff proves that, the
common plot, as mentioned in Para : 1 and 2 of
the plaint, should be kept open as per the Rules
plots are mainly the
corner plots and plots having advantageious locations
and these plaintiffs had purchased aforementioned
corner plot having advantageous position of having
open ... were
considered as 'preferential plots' because they are
corner plots with an extra open side and the extra cost
of such preferential sites
rule is that all the joint family properties should be brought into common
hotchpotch and then seek partition of the same. A member ... share in the suit
house, without bringing into common hotchpotch the house property and
open plot which are described in the written statement filed
respondents') from one room, common latrine
and open court yard at plot No. 25, Block-B, Gali No. 19,
Nangli Vihar Extension, Dass Garden ... tenanted premises i.e. one room, common latrine and open
court yard at plot No. 25, Block-B, Gali No. 19, Nangli Vihar
Extension, Dass
towards the
area to be used for roads, drains, and common facilities like park,
open space, etc. Thereafter, further deduction will have to be made ... lines."
9. Observing that the development charges for development of
particular plot of land could range from 20% to 75%, in Lal Chand
