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1968 Supreme(Raj) 71

SHINGHAL
Syed Habib Hussain – Appellant
Versus
Kamal Chand – Respondent


Advocates Appeared:
K.N. Tikku, for Appellants; D.P. Gupta, for Respondent

SHINGAL, J.—This second appeal arises from the judgment and decree of Senior Civil Judge, Jaipur City, dated October 5, 1960.

2. The parties own properties on Mirza Ismail Road, in Jaipur City. The plaintiffs are the descendants of Hamid Hussain who, according to them, was the owner of their house under gift deed Ex. 6 dated January 1, 1931 made by Nawab Mukarram Ali Khan (D.W. 2) in favour of Hamid Husain. Adjacent to it, towards the east, is a piece of open land (Amny) measuring 83 x 16, and the plaintiffs, claim that it also belonged to them as it was a part of the gifted house. The property of the defendant is situated along the eastern boundary of this open piece of land, and the defendant claims to be the owner of that property on the basis of a purchase from the Nawab to whom both the properties once belonged. The defendant constructed a building on the plot of land purchased by him from the Nawab, and as he opened a number of doors and windows on the ground and the first floors facing the eastern portion of the house of the plaintiffs, and also built a balcony on the first floor, the plaintiffs felt aggrieved because, according to them, this caused "bepardgi" of the persons








































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