PATEL AMBA NATHA Vs. PATEL VIRJI DEVJI

JUDGEMENT

(1.) The plaintiff filed against the defendant Civil Suit No. 10 of 1959 in the Court of the Civil Judge (Junior Division) at Manavadar for a permanent injunction to restrain the defendant from opening doors and windows abutting on the Fali belonging to him. The plaintiff owns a house in village Sanosara which consists of two rooms on the northern side and a kitchen and Osri on the southern side. Between its northern and southern parts there is an open Fali which separates the two parts. The defendants house is situate to the south of the plaintiffs house. The defendant was opening doors and windows in his house which would abut on the Fali of the plaintiff.

(2.) The defendant resisted the suit on the ground that the Fali belonged both to the plaintiff and the defendant. In the alternative he pleaded that the Fali was a piece of public land. Upon these two alternative pleadings he contended that he had a right to open doors and windows abutting on the Fali.

(3.) The learned Trial Judge raised the necessary issues and recorded the evidence. Upon appreciating the evidence he recorded the finding that the Fali belonged exclusively to the plaintiff. He therefore held that the defendant had no right to open doors and windows. In that view of the matter he passed decree in favour of the plaintiff.