RAMAGAURI KESHVLAL VIRANI Vs. WALKESHWAR TRIVENI CO OPERATIVE

JUDGEMENT

(1.) HEARD Mr. Naik for the petitioner and Mr. Deodhar for the respondent No. 1 society.

(2.) THE society-respondent No. 1 filed a dispute against the present petitioner in respect of the terrace on the 7th floor of the building in Wing A. That dispute came to be decided in favour of the society against which the petitioner filed an appeal, but the same was also dismissed. Hence, this petition.

(3.) IT was contended by Mr. Naik that the petitioner has purchased from the original builder two bedroom flat on the 7th floor having an area of about 1000 sq. ft. and more along with a terrace appertaining to the said flat admeasuring about 1700 sq. ft. According to him the flat along with the terrace was purchased by the petitioner on 20-6-1966. He contended that the petitioner had proved the title to the said flat along with the terrace and since the flat had two doors opening into the terrace, the ownership of the terrace was required to be accepted in favour of the petitioner for the purpose of the security of her flat.