CHOUTHMAL JALAN Vs. PRAMILA PAUL
LAWS(GAU)-1994-9-27
HIGH COURT OF GAUHATI
Decided on September 30,1994

SMTI. RATANI DEVI JALAN,SIHRI SANWARMAL JALAN,SIHRI GIRDHARI JALAN,SHRI ASHOK KR. JALAN Appellant
VERSUS
I PRAMILA PAUL,SMTI PRAMILA PAUL Respondents

JUDGEMENT

- (1.)1. This Revision petition has arisen against the order dated 7.6.91, passed by the Assistant District Judge No. 2, Gauhati in T.S. No. 37/86.
(2.)Original plaintiff, Late Chouthamal Jalan filed the above mentioned suit for declaration and permanent injunction against the opposite parties.
(3.)The case of the petitioners/plaintiffs is that they and the opposite parties have plots of land which are contiguous to each other and that the land under occupation of the defendant/opposite parties is on the north side of the petitioners, land and the petitioners have been enjoying uninterrupted flow of light and air from the north for 50 years or more, that except brick wall on some part, the rest of the boundary between the petitioners and the opposite parties are not demarcated, that the opposite parties are intending to raise construction in such a manner that the flow of light and air to the premises of the plaintiff will be blocked and interrupted. The petitioners, further apprehension is that the opposite parties may encroach upon their land by using the construction and that may already have encroached upon some of their land. Therefore, petitioners prayed for permanent injunction for restraining the opposite parties from encroaching upon the land of the petitioners described in the Schedule. Along with the plaint petitioners also filed application for temporary injunction. During the proceeding a compromise was effected before the parties (Ref. NO. 880/86) and accordingly opposite parties were allowed to evict temporary wooden framed wall without touching the boundary line subject to the final order of the suit. Allegation has been raised by the petitioner that the terms of the consent order was violated by the opposite parties by encroaching upon the land of the petitioners and accordingly an application was filed under Order 39 Rule 2A.


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