GOKALCHAND Vs. BRIJNARAIN

JUDGEMENT

(1.) THIS is an appeal by the defendant Gokalchand and five others against the appellate judgment and decree of the learned District Judge, Jaipur City. The suit giving rise to this appeal was filed by the plaintiff Brij Narain whose house adjoined the house of the defendants. It was alleged by the plaintiffs that the defendants had opened a big window in a room which they had recently constructed. Through this window, the privacy of the plaintiffs' house was invaded. The plaintiffs therefore, prayed for the closure of the window. There was also a prayer for the closure of the certain ijardars with respect to which the plaintiffs claim had been dismissed and no appeal has been filed by him. The defendants denied that the plaintiffs had any right of privacy in his house and pleaded that his house was overlooked from the house of the defendants through certain apertures in a wall standing on the open roof even before the room in which the window in dispute is situated was constructed. It was, therefore, pleaded that the plaintiff had no right to have the window closed.

(2.) THE learned Munsif, Jaipur City, West, who heard the suit found that privacy of the plaintiff's house was invaded through the window in dispute and, therefore, gave a decree that the defendants should fix akashi patali jali in the said window keeping its slope towards the sky and he also gave a permanent injunction against the defendants restraining them from opening any window in future in the western wall of room.