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1978 Supreme(All) 350

DEOKI NANDAN
Dhanya Kumar Jain – Appellant
Versus
Rajendra Prasad – Respondent


Advocates:
Shambhu Prasad, for Appellant; J.N. Agarwal, Yogesh Agarwal, for Respondents.

JUDGMENT :-This is a defendant s second appeal in a suit for mandatory injunction for closing down certain water spouts and ventilators. There were two defendants, Smt. Chandra Prabha, who is the second respondent, and Sri Dhanya Kumar Jain, defendant-appellant. The trial court decreed the suit and the lower appellate court has confirmed that decree. Smt. Chandra Prabha was concerned with one of the water spouts. She has not appealed. Sri Sinha learned counsel for the defendant-appellant has confined his case to the decree directing the closure of the ventilators. He urges that even if the ventilators were recently constructed, the defendant-appellant had constructed them in his own wall. The only complaint was that they overlooked the plaintiff s Chabutra. But these facts alone did not give the plaintiff a right to have them closed. A person has a right to use his own property in any manner he likes and it has not been shown in the present case that the opening of the ventilators infringed any right of the plaintiff. Merely because the defendant-appellant could look at the Chabutra of the plaintiff through the ventilators opened by him in his own wall, does not give the plaintiff



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