CHHAGANLAL Vs. KESARLAL

JUDGEMENT

(1.) BOTH the cross-appeals arise out of the same suit and therefore they are disposed of together. They are directed against the judgment and decree of the learned Civil Judge, Tonk, dated the 27th February, 1953, modifying the decree of munsif Tonk dated 31-10-52 in a suit for mandatory and perpetual injunction.

(2.) THE dispute between the parties relates to a house which is situated in the town of Niwai in a locality which is known a Khari Kui Ka Bas. It is common ground between the parties that different portions of the said house are occupied by the parties to the suit. There are two chowks in this house. The property which is in possession of the plaintiffs is situated in the inner chowk. There was an open passage leading from the first chowk, to the second chowk.

(3.) IT was averred by the plaintiffs that the said passage between the two chowks was joint property of the parties, that defendant No. 1 Chhaganlal in collusion with defendant No. 2 Ratanlal started constructions on the said joint lane on 12-12-50 and after erecting pillars on both sides of the lane he covered it with stone slabs. Thus, according to the plaintiffs, defendant No. 1 had encroached upon the joint property, that the said construction had not only deprived the plaintiffs from their right over the property but it had further caused material damage to the property which was in their sole possession inasmuch as the new construction had obstructed light and air reaching that part of the building. It was prayed that defendant No. 1 should be directed by mandatory injunction to demolish the construction which he had made over the joint property and that be should be restrained by a perpetual injunction from making any construction thereon thereafter.