PURNMAL Vs. CHAUTHMAL

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 14.11.2013 passed by Additional District Judge, Sujangarh, District ­ Churu, whereby, the judgment and decree dated 28.02.2012 passed by Civil Judge (Senior Division), Sujangarh has been affirmed and the cross -objection filed by the respondent has been allowed.

(2.) THE facts in brief may be noticed thus: the plaintiff ­ respondent filed a suit seeking declaration and permanent injunction against the appellants with the averments that the plaintiff's Guwadi is situated in Village ­ Salasar for over 40 years, wherein, he lives with his family; on the north -western corner of the said Guwadi, there is a room, on the western wall of the said room, there is a 4 X 2 1/2 feet window with doors and iron bars; outside the window, there is a Government vacant land, which is part of the way and is a strip land, from the said vacant land the plaintiff gets light, air and sunlight and above the window, there is a ventilator also; it was further indicated that on the western side of his Guwadi, defendants' Guwadi is situated, the northern boundary of defendants' Guwadi is till where the said window starts, however, the defendants want to extent the same so as to encroach on the strip land and close the plaintiff's window; if defendants raise construction near the window, the same would result in stopping the light, air and sunlight and, whereas the plaintiff has right of easement, when they tried to reason with the defendants, the defendants refused.

(3.) A written statement was filed by the defendants, it was claimed that no room, as claimed was existing at the side as there are two big iron shutters from before 20 years, if in fact the room existed, there was no reason to put up big shutter, there was no Government vacant land or strip land in front of plaintiff's window. The plaintiff was wrongly seeking to get the window opened in the name of light, air and sunlight and wants to destroy the privacy of defendants home and business, which is adjacent; no cause of action is available; the valuation of the suit is incorrect, the suit was not within the jurisdiction of the Court; Gram Panchayat, Salasar is a necessary party and, therefore, the suit be dismissed.