I AKBAR ALI Vs. PARAMASIVAM

JUDGEMENT

(1.) SUIT filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of the Code of Civil Procedure.) The long and short of the case of the plaintiff, as stood exposited from the averments in the plaint could succinctly and precisely be set out thus:- The plaintiff is the owner of the flat found described in the schedule of the plaint. The defendants 1 and 2 are also other flat owners in the same complex. D1 is responsible for maintaining the common area and also providing other facilities to the flat owners, for which, he also collected money but, he has not so far accounted. D1 and his wife D2 indulged in dumping materials in the common passage and also interfered with the right of the plaintiff in parking his car in the area ear marked for his use. Hence this suit seeking the following reliefs:

(2.) THE defendants entered appearance and filed their written statement, gainsaying and refuting the allegations/averments in the plaint.

(3.) ISSUES:1 and 2: The perusal of the records, including the Chief Examination Affidavit and the following documents, namely, Ex.P1-the sale deed dated 8.5.2000 Ex.P2-the construction agreement dated 6.5.2000 Ex.P3-the copy of the ground plan Ex.P4-the letter handing over possession Ex.P5-the copy of the complaint and Ex.P6-the copy of the order dated 5.3.2007 passed in O.A.Nos.361, 390 and 719 of 2006 would demonstrate and display, spotlight and highlight the fact that the plaintiff being a flat owner, as described in the schedule of the plaint, is entitled to park his car in the area ear marked for it and he is also having a right to see that no one is interfering with the common passage in that apartment complex. But, in this case, the defendants have interfered with the car parking area of the plaintiff and also the common passage meant for the usage of the plaintiff and as such, I could see considerable force in the argument of the learned counsel for the plaintiff that the plaintiff is entitled to the injunctions as prayed for in the plaint. In the absence of any rebuttal evidence, I am having no reason to doubt or look askance at the case of the plaintiff. Accordingly issues 1 and 2 are decided in favour of the plaintiff and as against the defendants.