The appellant filed the suit for perpetual injunction restraining the respondent from raising a companystruction except the Chabutra in the numberth after leaving a 3 feet passage and from opening windows, door ventilators, parnalas towards the numberth, south and east of the plaintiffs property by raising any companystruction in the passage.
Whatever companystruction is raised by me in the said piece of land, I will number open any door or window or ventilator or rain water pipe or other pipe for discharge of day to day water flow towards the South, North East.
6 towards numberth south and 30 feet towards numberth south situated at Mohalla Ganj, Kashipur, district Nanital from the appellant and got in registered in the Registrars Office.
The following are the terms and companyditions in respect of the said trees and the wall That lal Mithlesh Kumar will uproot the said trees and demolish the wall within 6 months hereof.
He also sought alternative relief on the basis thereof that if any companystruction is made in violation of the said agreement, there shall be given mandatory injunction to demolish the same at the instance of the defendant and to close the doors, windows, ventilators etc.
The appellant relies upon the agreement dated June 26, 1964 executed by the respondent as foundation for the aforesaid rights.
Accordingly, it allowed the second appeal, reversed the decree of the appellate Court and companyfirmed that of the trial Court.
situated in the numberth south by extending 60 ft.
This appeal by special leave arises from the judgment of the learned single Judge of the Allahabad High Court made on 26.10.1979 in Civil Appeal No.68/71.
The said trees and wall belong to Shri Mithlesh Kumar.
The admitted position is that the respondent had purchased the property of an extent of 1732.6 sq.ft.
The trial Court dismissed the suit.
Since the agreement was number registered, the appellant has numberright to claim any right on that basis.
Thus, this appeal by special leave.
at his companyt.
