openings etc., in the said common wall.
2. The defendants contended that the wall in which the windows in the suit were opened ... Judge continued:-
The old wall is a common wall. Thus assuming that the new wall is also a party wall, it could not be said
contravention of the agreement illegally opened the
windows of his house upon the common wall towards the shop of
the plaintiff and also put iron ... declaring thereby the plaintiff to be
owner-in-possession of the common wall between shop No. 166
and 167 situate over khasra
contravention of the agreement illegally opened the
windows of his house upon the common wall towards the shop of
the plaintiff and also put iron ... declaring thereby the plaintiff to be
owner-in-possession of the common wall between shop No. 166
and 167 situate over khasra
affixed two windows, one at the southern
wall of the first floor and the other one at the southern wall
of the 2nd floor ... keep the southern wall as a common wall and
further that they had agreed not to affix any windows at the
said wall or open
covered area including
walls, cupboard, window projections and balconies plus proportionate
share of areas under stair cases, common areas, walls, lifts, shafts,
water supply arrangements
others, separated by a common wall. The suit was in respect of three items : (1) a portion of the common wall was raised ... eaves on the common wall overhanging on the plaintiff's premises and, (3) the defendant opened a ventilator and three windows which overlooked
area under common spaces i.e. staircase, lifts, common toilets, corridors,
louvers, balconies, varandaha, walls etc. and the recessed space below
window sill etc. Though
portion would be entered from
common passage. He has further stated that there is no window existing on the wall
beyond the door/ entry
were heard by the Assistant Judge, Kiramgaon, together as they involved certain common questions of fact and law.
8. The Assistant Judge came ... easement of taking light and air through the windows in the western wall. The, appellate Court agreed with the conclusion reached by the trial Court
allowed to erect new buildings or to open or extend doors or windows in old buildings in such a way as would substantially interfere with ... only remedy is to build a wall on his own land.... We know as a matter of common knowledge that in these provinces great numbers
