decree of the Trial
Court in declaring that the suit wall is a common wall
is perverse and in absence of prayer to that effect ... appellant/plaintiff has failed to establish that the
disputed wall is a common wall and in absence of
relief of declaration, the appellant/plaintiff
wall.
Respondent-plaintiffs claimed that the wall in question which is
western wall of defendant's house is a common wall of plaintiffs ... open windows, gate
and ventilators etc. in this common wall and his existing windows,
gate and ventilators be ordered to be closed. Further, plaintiffs
also
window and door towards southern
wall and constructed toilet. Drainage water from
said toilet flowed from plaintiff's house through
common passage and therefore ... window and door towards
south-east of his property. It was also reported
that a wall was constructed obstructing said door
and window and existence
building plan approval produced by the
plaintiff, wherein no windows were marked on the common wall and its left
inter space. The trial court also ... wall, with the defendant having right over the eastern half of the said
wall. Inasmuch as this wall is a common wall there must
roof. There is dampness seeping in
from the ceiling. Window on the common wall of the subject
property was partly demolished in December, 2021, which ... structure (including under this expression any
building, wall, parapet, payment, floor, steps, railings,
door or window frames or shutters or roof, or other
structure
windows in the
lower side of the wall and four windows on the upper side of the wall
with a sunshade protruding to a width ... common
use of both the houses, for repairing their respective walls and white
washing their respective walls and to open out their windows,
sunshades
windows in the
lower side of the wall and four windows on the upper side of the wall
with a sunshade protruding to a width ... common use of both the houses, for repairing their respective walls
and white washing their respective walls and to open out their
windows, sunshades
operation on the eastern side and has
not put up any common wall and has started construction in
his own portion of land leaving certain ... alleged that there is
no common wall constructed between two properties and
by leaving the portion of common wall, has completed the
construction of first
demolish a portion of the existing wall
in the southern side and put up a door and window. Since the respondent/
defendant has a door ... interfere with the use of the said common passage by the
respondent/defendant. Further, the southern side wall does not belong to the
respondent/defendant
examination had admitted that the windows were opened on the
western wall of the plaintiffs' house overlooking the common lane. This
itself would indicate ... there, there would not have been any windows on the western wall of the
plaintiffs' house.
6. The point narrows down to a very
