1963 Supreme(Raj) 22
BHANDARI
Anopchand – Appellant
Versus
Misrilal – Respondent
Advocates Appeared:
H.C. Jain, for appellant; Kishore Singh, for respondents
Bhandari, J. —This is a Civil Second Appeal and raises an interesting point of law. The plaintiff appellant is the owner of a shop in village Atbara (Tehsil Sojat). The plaintiff opened two windows in his shop towards the south. The defendants erected a wall adjacent to the southern wall of the plaintiffs shop and closed the two windows. The plaintiff, therefore., filed a suit for demolition of the wall erected by the defendants and for a permanent injunction restraining the defendants from closing the windows. The allegation of the plaintiff is that the land on which the defendants had erected the wall was the property of the State being a public lane and the defendants had no right to erect the wall and close the windows of the plaintiffs shop, thus obstructing the passage of light to his shop. The defendants pleaded that there was an old wall of the pol at the spot which belonged to the defendants who were residents of Barfon-ki-bas and on its falling down the wall was repaired. They also pleaded that the plaintiff had not acquired any prescriptive right of easement and that the defendants had the right to close the windows by constructing the wall in dispute. Both the lower cou
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