DHANIYA BAI Vs. JIWAN

JUDGEMENT

(1.) This is a second appeal by the appellant against the reversing judgment of the learned first appellate Court.

(2.) Appellant is the real elder sister of the respondent. Their houses are contiguous. House of respondent was constructed on nazul land let out to him in May 1967 vide lease deed Ex. P. 5. House of appellant is situate on nazul land allotted to her vide Ex. D.I dated 19-6-1984.

(3.) The respondent has filed a civil suit for removal of support of thatching and the thatching itself and for demolition of her walls contiguous to the house of respondent. As per plaint, the respondent is the owner of western wall of his house AB. The appellant has not constructed any wall of her own contiguous to it and has kept the support of her thatching on such wall and has damaged the support of thatching of the respondent. It is also claimed that the appellant has joined her walls at places AB in the wall of the respondent. As per plaint these acts of the appellant has been unauthorised and caused damage to the respondent. It is claimed that the appellant did not disist despite several oral protest of the respondent. Hence a notice dated 20-7-1989 was sent by post which was refused by the appellant.