ASHA JOHRI Vs. NEERJA RAJPUT

JUDGEMENT

(1.) The present appeal lays a challenge to the order dated February 28, 2014 passed by a learned Single Judge of this Court in CS(OS) No.930/2011 rejecting the appellant's prayer for a declaration of title to the terrace of the property bearing No.L-18, Kailash Colony, New Delhi.

(2.) A plot of land bearing Municipal No.L-18, Kailash Colony, New Delhi was sold by Navin Co-operative Development and House Building Society to one Smt.Kesra Devi under a registered sale-deed dated December 18, 1954. The operative part of the sale-deed reads as under:-

(3.) Under a registered sale-deed dated January 20, 1960 Smt.Kesra Devi transferred her entire right, title and interest in the plot in question to one Smt.Mira Ajwani who constructed a residential building comprising a ground floor, a first floor and a barsati floor above. She did so after obtaining a sanction from the Municipal Corporation of Delhi. Though not pleaded by any party, relevant would it be to note that when Smt.Mira Ajwani constructed the building the applicable municipal bye-laws permitted a ground floor, a first floor and a barsati floor having 25% covered area of the ground floor which could be increased to 50% by paying a penalty. In other words the barsati floor had an open terrace in front of it and an open terrace above the roof of the barsati floor.