RAJENDRA NATH MITTAL, M.M.PUNCHHI
Sardari Lal Gupta – Appellant
Versus
Siri Krishan Aggarwal – Respondent
In cases involving a common wall between shops, the principles derived from this judgment can be applied as follows:
Rights of Co-Owners: Each owner of the adjoining shops has an interest in the common wall and is entitled to use it reasonably for support and maintenance purposes. They may also raise the height of the wall or make structural modifications, provided such actions do not cause damage to the other owner’s property and are within the scope of reasonable use (!) .
Use and Modification of the Wall: Raising the height of the common wall or making structural changes is permissible if it is done without damaging the adjoining property and with the acknowledgment that the wall remains a joint property. Any such modifications should be reasonable and not amount to ousting or excluding the other owner from the use of the wall (!) (!) .
Right of Easement of Light and Air: The existence of a ventilator or openings in the common wall does not automatically confer a right of easement of light and air unless explicitly established through statutory provisions or agreements. The wall is generally considered a solid structure, and the right to open ventilators or windows in it is limited unless such rights are expressly granted or acquired (!) .
Damage and Damage Prevention: If a co-owner’s actions, such as raising the wall or constructing on it, do not cause damage to the other owner’s property, such actions are generally permissible. Conversely, any act that causes damage or threatens the structural integrity of the wall or adjoining properties can be challenged (!) (!) .
Finality of Findings: The determination of whether the wall is a party wall or an exclusive wall of a particular owner is a question of fact. Such findings are binding in subsequent proceedings unless shown to be perverse or otherwise legally flawed (!) .
In summary, in disputes involving a common wall between shops, each owner has a right to reasonably use and modify the wall for support and structural purposes, provided they do not damage the adjoining property. Rights of easement of light and air are limited unless explicitly established. The court's factual findings regarding the nature of the wall are binding, and actions that do not cause damage are generally permissible.
RAJENDRA NATH MITTAL, J.
1. This judgment will dispose of R. S. A. Nos. 2194 of 1978 and 584 of 1979 which arise out of the same judgment of the Additional District Judge, Jullundur, dt. 19th September 1978.
2. Briefly, the facts are that the plaintiff is the owner of House No. 12 and the defendant of Houses Nos. 13, 14 and 40. The houses of the plaintiff and defendant adjoin each other. It is alleged by the plaintiff that the wall between the houses belonged to him. There was a ventilator in that wall from which he was getting light, air and sun for the last more than 65 years and thus he had acquired the right of easement. The defendant, it is pleaded, intended to close it. It is further pleaded that the defendant constructed a pillar on the southern end of the wall without his consent and also raised the height of a part of the wall. Consequently, it was prayed that a decree for mandatory injunction directing the defendant to remove the pillar and to restore the height of the wall to its original height by demolishing the portion raised by him and for a permanent injunction restraining the defendant from closing the ventilator be passed.
3. The suit was contested by the
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