KHURSHEED ALI Vs. MOHD YUSUF

JUDGEMENT

(1.) This is plaintiffs appeal who has lost from both the courts below. The appeal is directed against the judgment and decree dated 22.12.1979, passed by Vth Additional District Judge. Moradabad in Civil Appeal No. 278 of 1977 confirming the judgment and decree of the trial court dated 29.7.1977 passed in Suit No. 198 of 1974.

(2.) The appellants filed suit for perpetual injunction restraining the defendants from opening any parnala, door or ventilation in their western wall towards the house of the plaintiffs and also for mandatory injunction directing the defendants to close the door, two ventilators, three parnalas and nali which were opened towards the plaintiffs house.

(3.) The suit was instituted on the plea, inter alia, that the plaintiffs have purchased a piece of land by means of sale deed dated 4.12.1968 and constructed house thereon. On 25.5.1974 the defendants demolished their western wall and fixed a new door towards the east of plaintiffs land and also opened a nali, ventilator, etc. without there being any right in them.