wall is a common wall and any
construction over the common wall in the first floor will also partake the
character of common wall ... wall of the houses B and C is a common
wall, any construction on the common wall must also be treated as the common
wall
father of the plaintiff, the suit wall has been described as a common wall, that all the windows in the disputed wall had been closed ... below that the suit wall is a common wall and that the plaintiff is not exclusively entitled to the wall. This finding is based
wall had been enjoyed only as a common wall. Even the partition deed, according to the respondents, referred to the wall as a common wall ... back as 1898, the wall in dispute had been mentioned as a common wall. The window in the wall in dispute had been found
said to have questioned as
to why a window has been placed on the common wall.
Immediately, the petitioner is said to have restrained ... parties and the
petitioner is said to have placed a window in the common wall. This
was questioned by the defacto complainant. As a result
Western wall as a common wall. The
plaintiff's brother and the defendants' ancestor in title have entered into a
common wall agreement ... suit wall should be retained as a common wall between the
parties and both the parties should not put up any window in the common
would show that there are seven windows on the common wall having opening towards the West thereof. However, the plaintiff would admit that the defendants ... claim exclusive right over the common wall or the 3 feet width portion abutting thereto just because the windows put up therein have opening towards
would show that there are seven windows on the common wall having opening towards the West thereof. However, the plaintiff would admit that the defendants ... claim exclusive right over the common wall or the 3 feet width portion abutting thereto just because the windows put up therein have opening towards
indicate that
except opening of windows in the western side of the wall, no encroachment
whatsoever made in the common passage. The plaintiff has proceeded ... clear that on the northern wall, the
defendant has made an opening to fix the window on his western wall. Except
that, there
V. Nagarathinam vs Padmadevi And Ors. on 22 September, 2000
Author: M. Karpagavinayagam
Bench: M
being enjoyed through the windows situate on the
southern side east west wall of the plaintiffs houses.
9. The suit common path way has been
