BHIMA LAKSHMI NARASAMAH Vs. PRINCE MANOHAR DEVADOSS

JUDGEMENT

(1.) APPEAL filed against the Judgment and Decree of the VI Additional City Civil Court, Chennai, in A.S.No.385/2007 dated 27.11.2007 confirming the Judgment and Decree in O.S.No.7077/2000 dated 24.01.2007 on the file of the XIV Asst. City Civil Court, Chennai.) APPEAL filed against the Judgment and Decree o the VI Additional City Civil Court, Chennai, in A.S.No.641/2007 dated 27.11.2007 confirming the Judgment and Decree in O.S.No.1974/2000 dated 24.01.2007 on the file of the XIV Asst. City Civil Court, Chennai.) S.A.No.761/2008 arises out of the concurrent findings of Courts below granting declaration that Generator Room, Store Room, A.C. Room, M.E.S. Room referred in the approved plan as common amenities and common basement floor in "Lakshmi Apartments" as common area and granting Permanent Injunction and Mandatory Injunction.

(2.) S.A.No.802/2008 is preferred against the concurrent findings of Courts below dismissing the suit filed by the land owner for Permanent Injunction restraining the flat owners from interfering with the possession and enjoyment of 730 sq.ft. in basement floor in "Lakshmi Apartments".

(3.) CHALLENGING the concurrent findings of the courts below, these second appeals filed at the instance of the third defendant. With the consent of the parties concerned, at the stage of notice before admission, the second appeals were taken up for final hearing. During the course of arguments, the following substantial questions of law were formulated for consideration:-