also accepted that suit property 1098 is a common
passage which is available for common use of both plaintiff
and defendants. However, they denied that ... defendant has no right to open window at the point 'F'
fixing the cupboard in common wall, construct the
latrine and bath room
appeal. The defendants have not
encroached the common passage. It is further submitted that
there is common wall situated on the Eastern side of plaintiff ... plaintiff in his evidence that there is no window and door kept to
the common wall. When there is a common wall, it bifurcates
said windows and
parnalas are opening towards the common vacant piece of land
marked as 'ABCD'. The said windows and parnalas ... free access of light
and air through the said windows and ventilators and using the
common land marked 'ABCD' for throwing and passing
opened two
windows and one gate on the wall which was constructed by
covering the platform for common use which is illegal,
unwarranted and against ... remove the unauthorised
construction i.e. the windows, gate and the wall raised in the
common area as shown in red colour in the site
plaintiff is not the common passage. The contention of defendant that
they allowed said windows to be opened towards common passage due to friendly terms ... sheds moreover, construction of urinal in the common passage adjacent to
the wall and window of factory of plaintiff has resulted in inconvenience and diminishing
defendants no. 1 and 2 averred that there was a
common wall between the property C51, Soami Nagar, New Delhi and E11,
Soami ... adjacent
properties and no window, ventilators etc. could be opened towards the
adjoining property as the adjoining wall was common. The construction for the
plot
western wall, which is towards the main road, was in dilapidated condition. The defendants had removed that wall and were constituting a cemented wall ... that the two havelis are not adjoining and there is no common wall between the two havelis. He sought to suggest that the gali
been commonly being
used by the plaintiff as well as the defendants. It is denied that
the defendants have broken any wall or window ... plaintiff for direction
to the defendant to rebuild the wall and window cannot be
allowed at this stage as the plaintiff has to show that
wall. It is correct that on the second floor wall between 1485 and
1488 is common. Prior to that there was no door and window
said flat such as OBD on walls, polish on ceiling, door
shutter, UPVC door & window etc. The petitioners submit that these rich
specifications were ... their request the respondent spent a
sum of `55,976/- on additional common area facilities which were in
addition to the commitment of claim made
