wall is a common wall and any
construction over the common wall in the first floor will also partake the
character of common wall ... wall of the houses B and C is a common
wall, any construction on the common wall must also be treated as the common
wall
father of the plaintiff, the suit wall has been described as a common wall, that all the windows in the disputed wall had been closed ... below that the suit wall is a common wall and that the plaintiff is not exclusively entitled to the wall. This finding is based
wall had been enjoyed only as a common wall. Even the partition deed, according to the respondents, referred to the wall as a common wall ... back as 1898, the wall in dispute had been mentioned as a common wall. The window in the wall in dispute had been found
common wall between the demised premises and the adjoining set was
still intact and the factum of opening of passage from the common wall ... tenant-Company had resulted in opening of a passage and
window from the common wall of the set of the present landlord and that
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common wall between the demised premises and the adjoining set was
still intact and the factum of opening of passage from the common wall ... tenant-Company had resulted in
.
opening of a passage and window from the common wall of the set of the
present landlord and that
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
adjoined each other and were built with same common wall.
No window ever existed and that suit was filed with an intention to
open ... existence of suit window on northern side. It is highly unlikely for
one to have a window on a common wall. The plaintiff
started. It is the common case of the parties that earlier there were
no windows or ventilators in the common wall AE. Defendant demolished ... tinker
with the privacy of the plaintiff, by opening two windows in common wall
AE, at the time of raising fresh construction. Having said that
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
that on 15-4-2016 the accused persons put up
windows in common wall and trespassed through windows. It is further stated
that the accused ... compound wall. She also
admitted that the compound wall belongs to accused. She has also admitted
that she has not constructed the common wall
