UMRAO KANWAR Vs. RAM PYARI

JUDGEMENT

(1.) BOTH these cross-appeals arise out of the same suit and therefore they are disposed of together.

(2.) THE case between the parties is a small one but it has a long history extending over more than 10 years. The suit was originally instituted on 17-7-1948 by Suraj karan, father of Mst. Umrao Kanwar and Sardar Kanwar, who are appellants in appeal No. 214/1953. The original defendants were Ganga Bux and his son Mohanlal. Gangabux died during the pendency of the suit in the trial Court and therefore the only contesting defendant left there was Mohanlal. He has also died since then and his widow Mst. Ram Pyari and his two daughters Mst. Gulab and mst. Gopali are respondents in appeal No. 214/1953 and appellants in appeal No. 226/1953. There were three other pro forma defendants, viz. Manak Chand, Moti ram and Pooran Chand. Manakchand is also dead and his name has been struck off by order of the Court dated 1-9-1955 in appeal No. 214/53. The other two defendants Motiram and Pooranchand are still respondents in both the appeals, but they are only pro forma parties; they have taken no interest in this case and have not cared to appear in this Court.

(3.) IT is common ground between the parties that the houses of the original plaintiff suraj Karan and the contesting defendant Gangabux's son Mohanlal are situated in a locality called Rasta Moti Singh Bhomia at Jaipur. That portion of the plaintiff's house which is in dispute faces west. On the first) floor of that house, there is a big room just above the door. In the northern wall of this room, there is a door which leads to a small ante-room. The dispute between the parties relates to windows and ventilators in this ante-room and on the roof of this room. In this small room, the plaintiff had two windows measuring 1 1/4' x 1 1/4' facing west. Just above those windows, there were two ventilators measuring 9" x 9" and above the two ventilators there are two small ventilators of round shape. On the roof of this room, there were two more windows facing west.