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1960 Supreme(MP) 7

SHIV DAYAL
GULABCHAND GAPPALAL SARAWGI – Appellant
Versus
MANIKCHAND GULABCHAND SARAWGI – Respondent


Advocates Appeared:
A.N.Kak, B.D.GUPTA

SHIV DAYAL, J.

( 1 ) THIS is a second appeal under Section 325 of the Zabta Diwani, Gwalior, relating to three disputes between two neighbours whose properties are adjacent to each others, separated by a common wall. The suit was in respect of three items : (1) a portion of the common wall was raised by the defendant so that a pator was converted into a room, (2) the defendant constructed eaves on the common wall overhanging on the plaintiff's premises and, (3) the defendant opened a ventilator and three windows which overlooked the plaintiff's house. The suit was resisted by the defendant on all counts. It will be convenient to deal separately with the three items in dispute. ( 2 ) THE plaintiff claimed the wall to be a joint property of the parties and the trial Judge found in his favour. The first appellate court also found that the common wall was a joint property, but it held that the raised portion of the wall belonged to the defendant only. In his appeal the plaintiff claims the raised portion of the wall also to be the joint property. The law relating to rights in a party wall is settled and may be stated thus : (1) Each co-owner can reasonably use it, without interfering w














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