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1995 Supreme(Raj) 480

R.R.YADAV
Tej Karan – Appellant
Versus
Sushil Kumar – Respondent


Advocates Appeared:
N.S. Acharya, for Petitioner B.M. Bhojak, for Respondent

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves a dispute over a piece of open land known as "chowki," which the plaintiff claims to have a right to use for light and air, and the defendant is constructing on, despite municipal restrictions (!) (!) .

  2. The plaintiff filed for a permanent injunction to prevent the defendant from making unauthorized constructions on this open land, asserting that their easement rights are being affected and that the construction violates municipal building bye laws (!) (!) .

  3. The initial temporary injunction was granted by the trial court, restraining the defendant from construction activities, but this was later set aside by the appellate court, leading the plaintiff to file a revision petition (!) (!) (!) .

  4. The revision court observed that the plaintiff need not establish full title to the land to obtain a temporary injunction; rather, it is sufficient to demonstrate that preserving the current condition of the disputed land is necessary until the rights are finally adjudicated (!) (!) .

  5. The court emphasized that allowing the defendant to proceed with construction could irreparably harm the plaintiff's rights to light and air, which are protected as easementary rights (!) (!) .

  6. The importance of adhering to municipal building bye laws was highlighted, noting that unauthorized construction against these laws can adversely affect the environment and the rights of residents in the locality (!) (!) .

  7. The court recognized that residents have a right to seek judicial relief to prevent unauthorized or illegal construction that violates municipal regulations, supporting the plaintiff’s claim for injunction (!) (!) .

  8. The court distinguished this case from other cases based on specific circumstances, emphasizing that the defendant's right to raise construction is limited by municipal bye laws


Honble YADAV, J. - The plaintiff revisionist filed a suit against the defendant opposite party in the Court of Munsif, Bikaner for permanent injunction restraining defendant from making construction over the area known as chowki outside his residential house which is adjacent to the plaintiffs house. The permanent injunction was claimed on the ground that the plaintiff has a right of easement of light and air from the area known as chowki which is lying open. It was also claimed on the ground that the Municipal Council, Bikaner ha refused permission for raising construction over the same but despite refusal of permission to raising construction over the disputed land the defendant was illegally making constructions on the open land popularly known as chowki.

(2). After service of notice the defendant opposite party filed an objection opposing application moved by the plaintiff revisionist under 0.39 r. 1 and 2 CPC on the ground inter alia that the house of the plaintiff revisionist is not adjacent to his house. The land in dispute popularly known as chowki is not a government land but it belongs to the defendant opposite party which he obtained by patta. Regarding refusal of permiss
























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