HARISH CHANDRA Vs. NEMI CHAND

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 8.7.2008 passed by Additional District Judge, Fast Track No. 1, Dholpur in Civil Appeal No. 191/2007 confirming the judgment and decree dated 31.3.2000 passed by Civil Judge (Junior Division) Dholpur, in Civil Suit No. 176/85 whereby suit of the plaintiff for permanent injunction has been decreed and it was directed to demolish the construction raised by the appellant.

(2.) THE short facts of the case are that plaintiff respondent filed a suit for permanent, prohibitory and mandatory injunction against the appellant with the averments that the disputed house described in the plaint is in ownership and possession of the plaintiff respondent. The construction has been raised in the year 1960 and completed on 30.6.1961. According to permission of the construction, the plaintiff opened 5 ventilators on the Southern wall. The defendant appellant has closed the openings which obstructed the light and air and in 1972 there had been also a compromise between the parties. The plaintiff prayed for the decree. Per contra, the contention of the defendant was that there is no existence of any window or ventilator and he has no easementary right. On the basis of pleadings of the parties, 14 issues have been framed. Plaintiff examined himself and three other witnesses and defendant has also examined himself and other witness. After hearing the parties, the suit has been decreed for mandatory injunction. Appeal was dismissed, hence this second appeal.

(3.) HEARD the learned counsel for the parties and perused the impugned judgments and decree and also perused the original record of the case.