NAND GOPAL DAS Vs. BATUK PRASAD GUPTA

JUDGEMENT

(1.) The facts of the case are briefly these : There were two houses, one to the north of the other with a blind lane running between the two. Both the houses belonged to the plaintiff-respondent, Batuk Prasad Gupta. The house to the north is still in possession of the plaintiff, but the house to the south was sold by him to one Fatch Chand by a sale deed dated 13 January 1920. It was agreed, among other matters, between the vendor and the vendee that, if and when, Batuk Prasad wanted the vendes to remove the chatta which had been constructed on the lane between the two houses and which opened into the defendant's house, it would be removed by the defendant at his own cost.

(2.) After the sale, Fiteh Chand was declared insolvent and his property was sold by the receiver in insolvency and the house of Fatch Chand was purchased by the defendants who are the appellants before us. The plaintiff thereupon instituted the suit out of which this appeal has arisen for compelling the defendants to remove the chatta built over the lane. The chatta is in the shape of a building constructed over the lane all along the length of it and it appears that it consists of two storeys.

(3.) The plaintiff asked for the removal of the chatta and also for an injunction.