The central legal point established in the judgment is the significance of a partition decree in determining the ownership, possession, and rights associated with different areas of a property, including common areas.

( 1 ) A suit for permanent and mandatory injunction has been filed by the plaintiff claiming to be the owner/occupant of the portion of the ground floor of property no. 99-A, Kamla Nagar, Delhi-110 007. A site plan has been filed in which the portion of the ground floor owned by the plaintiff is demarcated in 'blue' while the common area is demarcated in 'red'. The defendant is the owner of the remaining portion of the property. Such remaining portion consists of balance portion on the ground floor, first floor and the second floor of the property.

( 2 ) THE occasion to file the suit arose as, according to the plaintiff, the defendant had represented that he wanted to demolish the ground floor portion purchased by him, including the common portion shown in 'red' besides the upper floor, with a view to raise massive constructions consisting of the basement and three-storied structure thereon and to convert the property into a commercial market. The plaintiff was objecting to the same as the building is stated to be more than 60 years old. The plaintiff also states that the defendant ought to apply for necessary sanction/permission for raising new construction. Not only that, the plaintiff claims that the defendant can have no right to construct any portion marked in 'red', that being the common area.

( 3 ) THE plaintiff has made the following prayers in the suit:

"a. Pass a decree for permanent injunction in favour of the plaintiff and against the defendant thereby restraining the defendant, his agents, employees, officials, representatives, assigns, attorneys or any person acting on his behalf from demolishing and/or raising any illegal and unathorised construction in any portion, of the Property bearing No. 99-A, Kamla Nagar, Delhi-110 007 including in common portion comprising of open courtyard, path, latrine and bath, staircases etc more specifically shown in the RED in the site plan attached as Annexure-A to the plaint.

B. Pass a decree for mandatory injunction in favour of the plaintiff and against the defendant, his agents, employees, officials, representatives, assigns, attorneys or any person acting on his behalf from in any way interfering in the ingress and egress and use and enjoyment of portion shown in blue comprising of two rooms, verandah, kitchen and site beneath and adjoining staircase and common portion comprising of open courtyard, path, latrine, bath, staircase etc shown in RED in the site plan attached to the plaint as Annexure-A and situated on the ground floor of property No. 99-A, Kamla Nagar, Delhi-110 007.

C. That the cost of the proceedings be also awarded to the plaintiff as against the defendant. "

( 4 ) THE defendant has filed a written statement disputing the averments made in the plaint. It is stated that there is no question of the defendant constructing anything which has not been sanctioned by the competent authority nor has the defendant any intent to encroach upon the common areas. Learned counsel for the defendant states that insofar as the reliefs claimed in the suit are concerned, in view of the aforesaid statement, nothing really survives. However, there is a dispute about what constitutes common area.

( 5 ) THE plaintiff filed a plan other than the plan originally filed with the suit, which is marked as Mark " 'a'. The defendant has filed a plan in Court, which is marked as Mark " 'b'. There is some minor difference in measurements which are not material for determination of the present suit. The controversy relates to the staircase which goes up to the second floor, which the plaintiff seeks to include in the common area, while the defendant seeks to exclude that from the common area.

( 6 ) LEARNED counsel for the plaintiff contends that the plan submitted by the plaintiff is in accordance with the decree passed whereby this property was divided originally amongst the owners and the parties to the present suit have derived their title from the same. Learned