CHAJJU LAL Vs. RAM PAL SINGH DR

JUDGEMENT

(1.) THIS is a plaintiffs' appeal in a suit for permanent injunction restraining the defendant from constructing a door at the place DF 1 shown in the sketch map attached to the plaint.

(2.) THE case of the plaintiffs is that the plaintiffs and the defendant jointly purchased a triansulai piece of land shown as ABC in the map attached with the plaint. This piece of land was in between the houses of the parties It is alleged in the plaint that in order to keep their windows and jangals open the parties jointly purchased the triangular piece of land and thereafter they mutually agreed to partition the said land and keeping in view the convenience of the parties. It was specifically agreed between the parties that defendant could open a door 9' wide at the place shown in the sketch map and that the portion DF 1 will not be constructed upon and in no case a door will be opened between DF 1. The plaintiffs went on to allege that it was further agreed between the parties that the land shown in the sketch map attached with the plaint in front of the portion allotted to the parties would ultimately be taken by them from the M. E. Officer. The plaintiffs also averred that acting on the said agreement the parties applied to the Municipal Board to get their constructions made. It was said that now in clear disregard of the agreement the defendant was threatening to build a door at the point DF 1 and if he was allowed to construct the door it will prejudicially affect the business of the plaintiffs hence the suit with the prayer already mentioned above.

(3.) THE trial court framed relevant issues and on a consideration of the oral and documentary evidence came to the conclusion that the agreement alleged in paragraph 6 of the plaint had been proved and repelling the contention of the defendant that the agreement, if any, was unlwful and contrary to Section 23 of the Indian Contract Act decreed the suit as prayed,