REVTI DEVI Vs. KHIALI RAM

JUDGEMENT

(1.) This is an Execution Second Appeal against the order dated 7th February, 1964 of the Senior Subordinate Judge Delhi passed in Appeal No. 176 of 1963. The facts which have given rise to this appeal are stated hereinafter.

(2.) The appellant Revti Devi occupies a portion of house No. 481, Gali Shish Mahal, Bazar Sita Ram, Delhi, which belongs to Kahyali Ram and Dal Chand, respondents Nos. 1 and 2. Basanti Devi is the owner of the contiguous house bearing No. 482. Basanti Devi brought a sdit (No. 32 of 1958) against respondents Nos. I and 2 and ths appellant for a perpetual injunction restraining them from interfering with her right to build a wall which was denoted in the site plan filed in the suit. The proposed wall would have covered a passage which, according to the appellant, is her only means of egress from house No. 481. This suit was dismissed by the trial Court, but the Senior Subordinate Judge, Delhi, allowed the appeal. In allowing the appeal, the Senior Subordinate Judge, observed:-

(3.) A decree was prepared in accordance with the judgment with the result that the decree, in addition to giving relief to Basanti Devi, granted relief to the present appellant also, which relief has been construed in proceedings before the trial Court as amocunting to a right of the present appellant to have a new door opened in house No. 481.