common wall of plaintiffs
and defendant and defendant has no right to open windows, gate
and ventilators etc. in this common wall and his existing ... right to open his windows, gate and ventilators towards this
passage in question. The wall in question has been found to be
common. The fact
ventilators etc. of plaintiff's house have their
opening and this gully is of common use between both parties.
Plaintiff averred that during winter ... defendant have purchased their respective plots through
registered sale deeds and one Sh. Samundar Singh is the common
erstwhile owner of both properties. On appreciation
relation to the Plot No.4 alloted by the
Madhav Nagar Grah Nirman Sehkari Samiti, Jaipur. Later on, this
plot was purchased by appellant-Vishesh ... plaintiff is
that when they measured the area of their plot it was noticed that
towards the North side an area of 9X30 feet
restrained not to open any gate and nor to
raise any construction in front of the plot of plaintiff. The trial
Court as well ... evidence to show his possession over the plot in question. The
plot in question is an open piece of land and in absence
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Author: Sudesh Bansal
Bench: Sudesh Bansal
