KEDAR PRASAD SINGH Vs. MURTI DEVI

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree dated 13.8.1991 passed by the learned 4 th Additional District Judge, Nalanda in Title Appeal No. 18 of 1990/ 4 of 1991 whereby the learned lower appellate court allowed the appeal and set aside the judgment and decree of the trial court dated 20.2.1990 passed by the learned Munsif, Biharsarif in Title Suit No.82 of 1983.

(2.) The plaintiff appellant filed the aforesaid suit for declaration of title and recovery of possession over the suit land fully described in Lot Nos. 1 and 2 of the plaint. The plaintiff also prayed for declaration that the defendants respondents have got no right to close the windows in the eastern and northern wall of the plaintiff's house and further for a mandatory direction to remove the construction made over the suit land and for permanent injunction restraining the defendants from making any construction.

(3.) According to the plaintiff, he purchased the suit house from Upendra Nath by registered sale deed dated 13.10.1982 for consideration of Rs.67,000/- and came in possession over the same. Some Parti land was left in east, north and south of the suit house at the time of construction. Widows, Jhampass and Ventilators are there in the northern, southern and eastern wall of both floors of the suit house from the very beginning. The exit of the house is in the west on public road. The plaintiff and his family members had gone to their village to attend marriage and stayed there for one month and when they returned they found that the defendants constructed a wall in the eastern side of the house and a Pucca room was also constructed over the said wall and the plaintiff's window and ventilators etc. were completely closed by the defendants. They are also constructing pillars touching the northern wall of the plaintiff's house and also put Pucca room over the entire vacant land which was used as a passage and thereby they closed northern window and the drain of the plaintiff's house.