common wall.
The plaintiff has an easementary right over the said common wall
and defendants are contemplating to opening a window without
opening any setback ... window, is not relevant here. So, it shows the
defendant has not allowed to use the ventilator window, but it also
shows, the common wall
joint wall and for a permanent injunction
3
against the defendants from constructing any structure
on the joint wall/common wall on the Northern side ... property is common/joint wall between the
plaintiff and the defendants. The defendants have
constructed a new building connected to the common
wall
portion has been shown as common passage. Therefore, there is no manner of doubt that it being a common passage, in terms of the provisions ... every person is entitled to fix a door or window in his wall towards the common passage, therefore, plaintiff was not entitled to a decree
windows are there since last 50 years
which is the only sources of fresh air, light and
ventilation and the closer of windows has
deprived ... petitioners. He further submits that the window
put up by the petitioners are on common wall
between the houses of the petitioners and Eve
Flats
northern wall is very
high wall and there are windows and moris appear in
the said photos and the said wall is built with stones ... common wall,
how it will be constructed, what are the features of the
common wall. But here in this wall there are no such
features
defendants have closed that common
space by erecting a wall at the place 'n' and
also closed the window in place ... Court to that extent, but so far as the
erection of common wall at place 'n' shown in the
plaint map is concerned
Panchayat in
support of the argument that opening of a window in a
common wall is a violation of the Rules. But no such provision
trial Court directed the present appellant - defendant No.1 to
remove unauthorized window forthwith at his own cost.
3. Learned counsel for the applicant assailing ... respondent No.1 - original plaintiff that the
unauthorized window has been constructed in the common wall
which stands between the property of the appellant
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
suit property is a 3 feet wide common lane, facing East-
West direction measuring 25.6 ft. in length attached ... wall.
The air and light that the plaintiff receives is through the
windows and ventilators existing in the southern wall to his
house. It transpires
