SYED HABIB HUSSAIN Vs. KAMAL CHAND
HIGH COURT OF RAJASTHAN
SYED HABIB HUSSAIN
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(1.)THIS second appeal arises from the judgment and decree of Senior Civil Judge,
jaipur City, dated October 5, 1960.
(2.)THE parties own properties on Mirza Ismail Road, in Jaipur City. The plaintiffs
are the descendants of Hamid Hussain who, according to them, was the owner of
their house under gift deed Ex. 6 dated January 1, 1931 made by Nawab
mukarram AH Khan (D. W. 2) in favour of Hamid Hussain. Adjacent to it, towards
the east, is a piece of open land (AMNY) measuring 83' x 16', and the plaintiffs
claim that it also belonged to them as it was a part of the gifted house. The
property of the defendant is situated along the eastern boundary of this open
piece of land, and the defendant claims to be the owner of that property on the
basis of a purchase from the "nawab to whom both the properties once belonged. The defendant constructed a building on the plot of land purchased by him from
the Nawab, and as he opened a number of doors and windows on the ground and
the first floor facing the eastern portion of the house of the plaintiffs, and also built
a balcony on the first floor, the plaintiffs felt aggrieved because, according to
them, this caused "bepardgi" of the persons using the open piece of land, and
their house. The plaintiffs also felt aggrieved because the defendant laid a sewer
line under the aforesaid open piece of land (measuring 83' x 16' ). and built four
water spouts and laid some cement pipes on it.
(3.)THE defendant denied the claim of the plaintiffs altogether. He pleaded that the
house occupied by the plaintiffs did not belong to them, that the open piece of
land AMNY was not their property and that it belonged to Nawab Mukarram All
khan who had given him the right to use it. He also pleaded that there was no
"bepardgi" of the house of the plaintiffs by the construction oi the doors and
windows in his western wall, and that there was no interference with the right of
privacy of the plaintiffs. It was further pleaded that the sewer line was laid with
the permission of the Nawab. As regards the water spouts, it was pleaded that the
defendant had every right to use them. Some other pleas were also taken in
defence, but it is not necessary to refer to them.
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