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1978 Supreme(Raj) 43

DUTTA SHARMA
Nanu Ram – Appellant
Versus
Vardichand – Respondent


Advocates:
Appearance :
J.M. Bhandari, for the Appellant

Judgment Kalyan Dutta Sharma, J.-This civil revision-petition by Nanu Ram, Durga Shanker and Laxmi Kant is directed against an order of the learned Munsiff , Bhinmal, dated 23rd November, 1974, rejecting the three applications of the petitioners who are plaintiffs before him.

2. The relevant facts giving rise to this revision-petition may be briefly stated as follows:-The petitioners instituted a suit for permanent injunction against Vardichand and Reva Shanker, non-petitioners, for restraining the latter from causing any interterence with the construction of the western wall of the former’s house. The non-petitioners resisted the suit filed against them by the petitioners on several grounds which are mentioned in their written-statement. Their main plea was that a joint wall already exists between the houses of the parries and the petitioners are not entitled to cause any material alteration therein so as to obstruct the free passage of air and light, through the ventilators of the walls, to the detriment of the easementary rights of the non-petitioners Upon pleadings of the parties the learned Munsiff framed as many as 12 issues in the suit on 17th August, 1974. Thereafter the pe








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