Western
side of the plaintiffs wall, he will leave 3 ft. common
space.
4. The present suit is filed by plaintiffs
alleging that in gross ... plant. The defendant
stoutly denied existence of 3 ft. common space
between plaintiffs' and defendant's property. The
7
defendant further contended that
prove that common space was kept
common and therefore, they are jointly entitled to
enjoy the common open space in terms of 1957
partition. Both ... defendants. Therefore,
contention of plaintiff that family has retained
common space is not established. It is more than a
trite law that the plaintiffs
surrender of the areas
13
earmarked for road, parks or common open spaces
and Civic Amenity sites to the Planning Authority or
Local Authority while ... TDRs in the
event he surrenders areas earmarked for roads, parks,
common open spaces or civic amenities sites while
obtaining permission for formation of layouts
mosque and
therefore, the plaintiffs are not entitled to use the common
open space, which is alleged to be a common passage.
The defendant also ... illegal construction by
encroaching over the open space i.e., common passage
measuring 4x25 feet. Therefore, on these set of
reasonings, the Trial Court proceeded
short),
respondent No.6 has constructed the building
encroaching the common space of the said property.
Therefore, the petitioner has given representations to
respondents authorities
ABCD' shown in the
sketch was kept common and in the said common space,
there is a road/common passage which connects the main ... partition, 3 guntas 8 annas of open space was kept
joint to utilize the same as a common road towards
southern and northern side
towards west of open space
and house of defendants is towards east. The said
open space is common between the plaintiff and
defendants. The defendants ... possession over the suit open space.
15. That, apart from contending
that the suit open space is common
between the parties, the defendants have
contended
that insofar as well, karkhana and trees are concerned
they were kept common between the plaintiff and
defendant Nos.1 to 5. The present suit ... have got every right to
alienate the suit well and common space along with
13 gutnas of land held by their vendors i.e., defendant
open space between two private properties. The material on
record also indicates that the width of the open space hardly
measures 2 feet 3 inches ... defendants being
the adjoining owners have no right to utilize the common
space left between two private properties. Even on that
count, the construction
byelaws and undertook illegal
6
construction inside Apartment Complex over common areas and
open spaces in gross violation of rights of other members of
Apartment ... each of apartment was subject to terms and conditions and
common areas and open spaces were required to be used in
accordance with rules
