SURESH CHANDRA JAIN Vs. DR. AIJAZ AHMAD SOLAT

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff against the dismissal of his suit for permanent and mandatory injunction in respect of a strip of plot lying in between the houses of the parties. The appeal was admitted on the following substantial question of law : -

(2.) THE plaintiff's case is that he had purchased the house together with appurtenant land as per boundary detailed in the registered -deed dated 22 -6 -1973 (Ex. P.1), from Hazi Abdul Sattar. The boundary is also shown in the attached map. The suit is in respect of the plot described as 'open yard' on the west side of the said house, and to the east of the house of the defendant Dr. Solat.

(3.) THE learned trial Court held that the measurements and the boundary of the plaintiff's house, in the sale -deed (Ex. P.1) are correct, there was no door, windows or light on the eastern wall of the house when purchased by the defendant, the plaintiff is the owner of the plot in dispute and that the defendant unauthorisedly and illegally opened a door, a window and eight sky lights and fitted four pipes for delivery of water on the plaintiff's plot. On these findings the suit was decreed. On an appeal by the defendant, the First Appellate Court allowed it dismissing the plaintiff's suit in toto. Hence second appeal by the plaintiff.