BRIJ MOHAN GOEL Vs. OM PRAKASH GOEL

JUDGEMENT

(1.) . The matter is coming up for passing a final decree. The preliminary decree has already been passed declaring half share to the plaintiff and half share to the defendant. This court had appointed a Local Commissioner to prepare a plan and suggest modes of division by metes and bounds. The Local Commissioner had taken assistance of of an Architect. The premises consists of ground floor, first floor and second floor.

(2.) . The entire ground floor is shown as A, B, C and D. E and F is the line showing in the plan where the Local Commissioner has suggested putting up a wall showing the division.

(3.) . G and H is red line shown by the Local Commissioner for the division of the property on the ground floor inside the premises. On the top of G H line we see open courtyard. On the right hand side HI a ventilation is shown. In the Courtyard division is suggested on the line HI to H2. Mr. Maheshwar Dayal learned counsel appearing for the plaintiff fairly represented that the wall may be put up on the courtyard without disturbing the ventilator. The Architect employed by the Local Commissioner shall put up the wall without affecting the ventilator on the side of the portion marked A, H2, HI. H, G F E and D is now alloted to the plaintiff.