HARI DAS AGRAWAL AND ORS. Vs. KRISHNA AGRAWAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is defendants' second appeal arising out of O.S. No.137 of 1971 which was dismissed on 16.08.1976 by Additional Munsif, Hathras (at that time Hathras was in District Aligarh). Against the said decree plaintiff respondent filed Civil Appeal No.293 of 1976, which was allowed on 11.02.1978 by II Additional Civil Judge, Aligarh, judgment and decree passed by the trial court was set aside and plaintiff's suit for demolition and permanent injunction was decreed.

(3.) In between the houses of the plaintiff and defendants, a common rasta/ gali intervenes of which both the parties are admittedly joint owners. Defendants had constructed on the first floor of their house a balcony projecting over part of common rasta/ gali. The lower appellate court held that common gali in between houses of different persons can be used only as gali and no party has got any right to encroach upon the same or use the same for any other purpose.