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1994 Supreme(Gau) 195

M.SHARMA
On The Death of Chouthmal Jalan Legal Heirs Namely Smti Ratna Devi Jalan – Appellant
Versus
Pramila Paul and Another – Respondent


Advocates Appeared:
B.K.Jain , A.Sattar, N.Chakraborty, S.K.Kaul , D.K.Bhatra, S.S.Sharma

This revision petition has arisen against the order dated 7.6.91, passed by the Assistant District Judge No. 2, Gauhati in TS No. 37 of 1986.

2. Original plaintiff, late Chouthmal Jalan filed the above mentioned suit for declaration and permanent injunction against the opposite parties.

3. The case of the petitioners/plaintiffs is that they and the opposite parties have plots of land which are contiguous to each other and that the land under occupation of the defendant/opposite parties is on the north side of the petitioners' land and the petitioners have been enjoying uninterrupted flow of light and air from the north for 50 years or more; that except brick wall on some part, the rest of the boundary between the petitioners and the opposite parties are not demarcated, that the opposite parties are intending to raise construction in such a manner that the flow of light and air to the premises of the plaintiff will be blocked and interrupted. The petitioners' further apprehension is that the opposite parties may encroach upon their land by using the construction and that may already have encroached upon some of their land. Therefore, petitioners prayed for permanent injunction for res






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