GAJADHAR Vs. JOHRILAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal.

(2.) GAJADHAR filed a suit against Johrilal in the court of Munsif, Hindaun. with the allegation that the defendant had constructed a wall by the side of the wall of his shop on its southward side without leaving a lane, contrary to the provision of the then Jaipur State Rules. He claimed that the structure put by the defendant should be ordered to be demolished and the defendant be directed to leave a lane in between his structure and the shop of the plaintiff. The case of the defendant was that the wall which was alleged by the plaintiff to be the wall of his shop was a party wall belonging to both the parties to the suit and that the plaintiff had no cause of action for demolition of his structures.