PRAKASH CHAND Vs. GIRRAJ SURJAN

JUDGEMENT

(1.) THE petitioners instituted a civil suit against the respondent for declaration and permanent injunction with the averments that they had purchased the house under a registered sale deed which has a common staircase and the passage on the ground floor. The adjoining house is owned by the respondent and both have been using the staircase and the passage. For reaching upto the staircase on the ground floor, one has to pass through the passage. The details in this regard are not required to be reproduced as the two Courts below have sufficiently described the passage and the staircase.

(2.) THE controversy before this Court is confined only with regard to the open space in between the front walls of the two houses which is about 21/2 feet broad on the first floor. The learned District Court in that regard passed the impugned orders Annexures P -1 and P -2 that for the safety the respondent could install an iron grill on the first floor where after a room, there is the open roof which has no wall towards the house of the petitioners.

(3.) IN view of the above statement of the parties, this petition is partly allowed. The order of the District Judge, Guna, dated 16.2.94 (Annex. P/2) is modified to the extent that not only the respondent but also the petitioners would bear the expenses of the iron grill, in equal share and would install the grill on the front side open space in between the walls, one of which is owned by the petitioners and the other by the respondent. This by itself shall not create any right in any of the parties.