alleged that the plaintiff has put up
construction and occupied the common space in the front and back side of
his flat ... defendant have put up
additional construction in the common space. The plaintiff and his son-in-law
who are in occupation of the ground floor
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
authority, the areas of residential unit as well as
of the common spaces and common buildings are specified and super area
cannot change until there ... inclusive of common areas, the company was
required to provide a comparison of the areas of the original approved common
spaces and the flats with
means the common area (facility) having common road around the Building, Common Parking (as per the Municipal Corporation approved Plan), Common Drainage and Tape Water ... normally in common use is covered under the definition of Common Areas and the Facilities. As noted above, in the open space, the Flat Owners
authority, the areas of
residential unit as well as of the common spaces and
common buildings are specified and super area cannot
change until there ... PIYUSH BUILDWELL INDIA LTD. D.O.D.: 19.07.2022
approved common spaces and the flats with finally
approved common spaces/buildings and the flats. This
authority, the areas of
residential unit as well as of the common spaces and
common buildings are specified and super area cannot
change until there ... should provide a comparison of the areas of the original
approved common spaces and the flats with finally
approved common spaces/buildings and the flats
authority, the areas of residential unit as well as of the common spaces and super area cannot change until there is change in either ... unit or in the area of any of the common spaces or the total area of the project (plot area) is changed. To prove that
East
and North FacingRight hand side) without roof rights, with
common Parking space at ground floor on property bearing No. D
95, Area measuring ... space at ground floor".
6.2.15. It is wrong to suggest that the builder has never sold me any
car parking space in the common
Page No.# 9/12
restaurant for the ancillary purposes, certain common space available within the
building are also being used by the respondent ... operating a restaurant, the respondent
No.11 is also utilizing the common space of the building, we accept such
contention that if the common space
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
