DURGA DASS Vs. AMAR NATH

JUDGEMENT

(1.) THIS is a defendants second appeal against the judgment and decree of the learned District Judge, Udhampur, dated 30 -11 -1965, affirming the judgment and decree passed by the [Subordinate Judge, Udhampur.

(2.) THE fact leading to this appeal are simple land may briefly be stated as follows.

(3.) ON 2 -4 -1960 (A. D.) Amar Nath, plaintiff respondent filed suit against Durga Dass, defendant appellant for a perpetual injunction Enjoining the latter to close a door and a window opening on the land of the former, as also for removal of two water shoots falling on the said land, was interalia averred by the plaintiff that he ong with his brother, Daya Ram, purchased a of land measuring 85 Ft. x 65 Ft. from Isher and Chuni Lal, defendants Nos 2 and 3, their der brother, Mukund Lal and their mother Mst. Malte, by virtue of sale deed dated 17 -1 -2006 (Bikrami), that by the aforesaid sale deed the said veneors i. e. defendants 2 and 3, their brother and their mother, also under took to close the door and the window of their house opening on the said lot, that the said vendors also undertook for ever at to open any door or window on the said plot, that subsequently by means of sale deed dated 19th Magh 2006, the defendant No. 1 purchased defendant No. 2 and 3 and their mother the mse having the aforesaid door and the window bening on the aforesaid plot, that the defendant No. 1 was asked several times to close the said or and the window and to remove the water shoots but he failed to comply with his demands and finally declined to do so about a fortnight before the instituation of the suit.