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1984 Supreme(Raj) 400

S.S.BYAS
Kunj Behari Acharya – Appellant
Versus
Jeet Mal – Respondent


Advocates:
For the Appellant:Mr. D.S. Shishodiya, Advocate.
For the Respondent:Mr. A.L. Mehta, Advocate.

JUDGMENT

1. - This is a defendant's civil second appeal against whom the plaintiff's suit for injunction pertaining to some ejectments viz., air and light and discharge of roof-water was decreed by both the Courts below.

2. Plaintiff Jeet Mal instituted a suit for perpetual prohibitory injunction against the defendant in the Court of Munsif, Udaipur on October 11, 1966. The case set up by him is that the house described in para 1 of the plaint situate in Mohallah Meenapara in the city of Udaipur bearing Municipal number 33/67 is of his ownership and possession. It is a double storeyed house. Contiguous in the East of it is situate the open court-yard of the defendant's house. In a room of the ground-floor of the plaintiff's house, there are two ventilators described as 'Dumkash' which open in the defendant's court-yard. In a room of the first floor, there are one window, projection, one ventilator and one water spout. They all open in the defendant's side. There are two spouts on the roof of the first floor to discharge rain-water in the defendant's land. The plaintiff has been using these ventilators, projection and water spouts for more than forty years and has thus acquired a rig


















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