SARDARI LAL GUPTA Vs. SIRI KRISHAN AGGARWAL

JUDGEMENT

(1.) This judgment will dispose of R. S. A. Nos. 2194 of 1978 and 584 of 1979 which arise out of the same judgment of the Additional District Judge, Jullundur, dt. l9th September 1978.

(2.) Briefly, the facts are that the plaintiff is the owner of House No. 12 and the defendant of Houses Nos. 13, 14 and 40. The houses of the plaintiff and defendant adjoin each other. It is alleged by the plaintiff that the wall between the houses belonged to him. There was a ventilator in that wall from which he was getting light, air and sun for the last more than 65 years and thus he had acquired the right of easement. The defendant, it is pleaded, intended to close it. It is further pleaded that the defendant constructed a pillar on the southern end of the wall without his consent and also raised the height of a part of the wall. Consequently, it was prayed that a decree for mandatory injunction directing the defendant to remove the pillar and to restore the height of the wall to its original height by demolishing the portion raised by him and for a permanent injunction restraining the defendant from closing the ventilator be passed.

(3.) The suit was contested by the defendant who controverted the allegations of the plaintiff and, inter alia, pleaded that the wall was common wall and that he had a right to raise the wall without the consent of the defendant. He denied that the plaintiff had acquired right of easement of air, light and sun through the ventilator. He further averred that the pillar was in existence since long and he simply renovated it. Some other pleas were also taken but they do not survive in the appeals.