JAGDISH AND ANOTHER Vs. SHIV KUMAR

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for permanent injunction restraining the defendants from fixing any apertures, window, ventilators parnala on the first floor at point ABCD, was decreed.

(2.) LEARNED counsel for the appellants states that he does not dispute the judgment and decree to the extent of closing of one Parnala on the wall BC over the house of the plaintiff. However, in respect of ventilators in wall AB, it is contended that the ventilators were installed on the ground floor of the building somewhere in the year 1947 and it was thereafter that the plaintiff has raised construction over his property. Since the ventilators were in existence on ground floor, the ventilator on the first floor cannot be directed to be closed down.

(3.) IN view of the aforesaid judgment, the plaintiff has a right to raise wall over his property which may or may not affect the ventilators opened by the defendants over their property. Thus, learned counsel for the appellants contends that in view of the said fact, the direction to the defendants in the impugned judgment and decree, to close the ventilators is unjustified.