LRS OF LATE GANGA SINGH Vs. JETHMAL

JUDGEMENT

(1.) THE instant second appeal has been filed by the appellant challenging the judgment and decree dated 19.02.2009 passed by learned Addl. District Judge, Nagaur in Civil Appeal No. 18/96 affirming the judgment and decree dated 21.11.1996 passed by Civil Judge (Jr. Dn.), Nagaur in Civil Suit No. 31/88, whereby, the trial Court partly decreed the suit of the appellant -plaintiff.

(2.) BRIEF facts of the case are that a civil suit was filed by original plaintiff Ganga Singh for permanent injunction to maintain accrued easementary rights under the Indian Easement Act, 1882. In the plaint filed by plaintiff Ganga Singh, it was stated that a house was purchased by him and was in his possession at Mohalla Bassi in Nagaur city. The said house was purchased by one Pari Bai on 14.03.1963 by the custodian department and as per the plaintiff late Ganga Singh, he was tenant in the said property. Thereafter, he purchased the property and became owner of the said property.

(3.) THE respondent purchased the nohara from the previous owner in the year 1959 and so called ventilators and window were in existence since purchase; but, now the defendant is desirous of raising construction of a house in the nohara, for which, he has sought the construction permission. As per the appellant - legal representative of original plaintiff late Ganga Singh, the defendants have no right to close the ventilators and window, therefore, suit was filed by the original plaintiff late Ganga Singh.