detailed written statement by
denying that there is no window existing in the common
wall between the two properties ... with regard to the
existence or non existence of window in the common wall,
is required to be ascertained by the trial Court to decide
physical features located in the western side wall of the suit first
schedule property, namely, four windows each on the ground floor, and
Page ... through the window on the western wall of
the first schedule property, the second schedule property is only a
common lane. From the evidence
injunction to demolish the common wall alleged
to have been constructed by the petitioners and
mandatory injunction to remove two windows in the suit ... aforesaid admissions clearly indicate that
the respondent has admitted clearly that common wall
exists in the property of the petitioners. He also admitted
that
common wall as if the defendant is preventing the petitioner from
enjoying the common wall by opening the doors, windows and sunshade
Annexure P-9) by affixing windows in eastern side wall 'BC' of proposed
Bhawan for the common use and welfare of villagers
kept promise after police left. The wall is still
standing in front of the window.
i) That on 04.10.2008 the defendants again started illegal constructions ... courtyard ABCDEFGA
being left as a common area.
"It is correct that by raising the wall in the open court yard
started closing the common shaft which was left open for the
purpose of ventilation, common duct, drainage, common
pipelines etc.
It is further alleged that ... half of
common shaft which was of about 10 ft. x 10 ft and further,
installed a window on the common wall of the suit
other having a
common wall towards eastern side. The house of the
plaintiff is having first floor and there is a window
north-south and there are no windows or
ventilators as contended by the plaintiff on the northern wall of
his property. It is his contention ... roof of her house attempted to
break open the wall and trying to close the windows and
ventilators claiming that the property belongs
obstruct the free flow of air and light through the three
windows ventilators. The decree was challenged and
subsequently this Court ... there is a common wall
between the plaintiff and the defendant's house property
and whether there is a window of a light towards
