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1958 Supreme(Raj) 172

JAGAT NARAYAN
Laduram – Appellant
Versus
Sheodev – Respondent


Advocates Appeared:
M.C. Bhandari, for Appellants; Chatur Bhuj, for Respondents

Jagat Narayan, J.—This appeal arises out of a suit for injunction brought against four defendants by one Chhotmal on 9.1.48. The houses of the defendants are adjacent to the house of the plaintiff. It was alleged that six widows were constructed by them in their houses on 10.4.41 which overlooked the premises of the plaintiff thereby interfering with his privacy. With regard to one of these windows situated on the ground floor in the house of Karnidan defendant No. 1, it was further alleged than the defendant No. 1 used to trespass into his house through it. With regard to the remaining windows it was alleged that the defendants used to throw diary water through them in the house of the plaintiff. It was averred that plaintiff was precluded from making any construction to screen these windows on account of an order of the Municipal Board. It was accordingly prayed that a mandatory injunction may be issued requiring the defendants to close these widows and a permanent injunction may be issued to them restraining them from opening new widows overlooking the house of the plaintiff. The suit was contested by the defendants intearalia on the ground that the plaint did not disclose wethe


















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