ANIL KUMAR MODI Vs. TARSEM KUMAR GUPTA

JUDGEMENT

(1.) These appeals challenge the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dtd. 26/8/2009 affirming the order passed by the Additional District Judge, Sangrur dtd. 28/10/2006 whereby the Additional District Judge had allowed the appeal of the respondent-plaintiff and decreed the suit.

(2.) This is a third round of litigation between the parties.

(3.) In the first round, the respondent-plaintiff had filed a suit for injunction against the Municipal Committee as well as the present appellants-defendants for removing the latrine blocks in the 10 feet passage between the houses of the two parties. The said suit was dismissed holding that, though the respondent-plaintiff had a right to the said passage in view of sale deed dtd. 11/10/1954, he had no right to construct the toilet and was directed to remove the latrine as there also exists an easementary right of the present appellants-defendants to open the windows and ventilators in the said passage. In an appeal carried against the same by the respondent-plaintiff, the First Appellate Court held that the respondent-plaintiff did not have exclusive right for the said passage. It affirmed the order passed by the trial Judge. Further, the Second Appeal carried by the respondent-plaintiff was also dismissed.