JEFFREY MATHURANAYAGAM Vs. ASHA

JUDGEMENT

(1.) O.S.A.No.66 of 2011: Whether the single Judge was right in granting temporary injunction restraining the Appellant-1st Defendant from in any manner interfering with the right, title, possession, interest and enjoyment of the Plaintiffs as co-owners in respect of the common areas " Association room/Library-cum-Indoor games room and amenities is the point falling for consideration in this Appeal. Unsuccessful 1st Defendant is the Appellant herein.

(2.) DISPUTE pertains to the enjoyment of common areas and amenities in the land and building premises situate at "KG Retreat" No.119, G.N.Chetty Road, T.Nagar, Chennai-600 017 including the Association room/Library-cum-Indoor games room in the ground floor of the apartment is the subject matter in O.S.A.No.66 of 2011. DISPUTE pertaining to car parking area to Flat No.3-C is the subject matter in O.S.A.No.85 of 2011. Both the Appeals were heard together and shall stand disposed of by this Common Judgment.

(3.) CASE of Plaintiffs is that extent of flats is the super built up area inclusive of proportionate share in the common constructed area like staircase, verandah, Association room/Library-cum-Indoor games room, Head rooms etc. Plaintiffs have paid consideration for the constructed flats as well as for the common constructed area. All the flat owners are co-owners along with the 1st Defendant in respect of the common constructed area and all of them have a right to use and enjoy the same with the other co-owners without any person having exclusive right over the same. Further case of Plaintiffs is that the 1st Defendant who retained 50% undivided share in the land along with 50% constructed area started behaving as if he alone is the owner of the entire common area. Further case of Plaintiffs is that there was a room in the ground floor measuring 198 sq. ft. which was put up by the 2nd Defendant builder and it was allotted to the Association room/Library-cum-Indoor games room and possession of the same was handed over to the Association of Flat Owners by the 2nd Defendant under letter dated 22.8.1995. Grievance of Plaintiffs is that the said room is now being demolished by the 1st Defendant so as to annex the same to his commercial portion in the ground floor. For that purpose, 1st Defendant is alleged to have brought men and materials and hindered the common enjoyment and usage of the common area by the other co-owners which resulted in lodging of complaint. 1st Defendant is also alleged to have put up barricades in the ground floor area and thereby preventing parking of vehicles by the other co-owners. Therefore, Plaintiffs have filed suit in C.S.No.209 of 2010 for permanent injunction restraining the 1st Defendant from in any manner interfering with the right, title, possession, interest and enjoyment of Plaintiffs as co-owners in respect of the common areas and amenities in the land, building and premises situate in "KG Retreat" No.119, G.N.Chetty Road, T.Nagar, Chennai-600 017 including the Association room/Library-cum-Indoor room and Security room situate in the ground floor of the apartment and also for mandatory injunction. Along with the suit Plaintiffs have filed application in O.A.No.239 of 2010 for temporary injunction.