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
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
appeal is whether the wall ABCD is the common wall as alleged by the plaintiff respondent or is the exclusive wall of the defendant ... conclusion that the wall in dispute viz. ABCD is not a common wall but the exclusion wall of the defendants and if that
that the wall B F is the common wall, in which the defendant is not entitled to open a window facing the open space belonging ... that the wall BF in which the window has been put, is the exclusive wall belonging to him and not a common wall, as pleaded
wall is a common wall?
2. Whether the plaintiff further proves that,
the alleged illegal construction by the
defendant is over the suit wall ... windows in the said 14 x13' wall?
3. Whether this 14 x13' wall is part and
parcel of 104 feet wall situated
common wall but the wall erected was
independent of and away from the common wall on
which the windows, door and lintel were fixed ... constructed a separate wail 4ΒΌ inches away from
the common wall, over which 3 windows, a door and a
lintel was fixed on the first
demolition of the common wall. At the time when the
common wall was demolished, there were water spouts
in the wall. Since the 1st defendant ... that the wall indicated in 'AX' is the new
common wall and 'XB' is the old common wall and that
party - wall, but right from inception, if there are ventilators or windows or any other structures fixed in the wall since several decades ... structures. In the instant case, the evidence discloses that the window in common wall was in existence since several decades and the window was sought
suit coromon wall. The
defendant has constructed the common wall by using
single brick towards the last point 'epace of common
wall of the plaintit ... roof rested on
- . this common wall. It was a plain common wall without
Se a windows and cupboards. The material on record
| diwcloses that
