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1984 Supreme(All) 394

V.N.KHARE
RAM NATH – Appellant
Versus
TAPESARA – Respondent


Advocates Appeared:
GYAN PRAKASH, R.N.SINGHA

V. N. KHARE, J.

( 1 ) THIS second appeal arises out of Execution Application filed by decree-holder appellant under O. 21, R. 32 C. P. C. before the Additional Munsif, Varanasi. 1-A. Brief facts relevant to this appeal are these : bhairo Ram and Mathura Prasad, the predecessors-in-interest of decree-holder appellant filed suit No. 87 of 1933 against Ghasi Kewat and others, the predecessors-in-interest of Judgment-Debtors-respondents. The case of plaintiffs in that suit was that they were residing in house No. A1/28, Mohalla Balebir-ki-Gali, Ghaighat, Varanasi and defendants of that suit were residing in the house lying north to the house of plaintiffs. Three doors and windows in the northern wall of plaintiffs house were in existence. It was pleaded in that suit that the defendants be restrained from constructing the wall towards north of that house in a manner so as to obstruct the light and air of the doors and windows of the plaintiffs house. Ultimately the suit was decreed in the terms of the compromise. The terms of the compromise were that the defendants shall not raise any construction on the first floor of the southern portion of their house which may be higher than the doo









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