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JJA TYPING BATCH WISDOM COMPUTER ACADEMY TIKAMGARH MP PUSHPENDRA SINGH BUNDELA CONTACT 9977008815
created Oct 22nd, 08:39 by RajaPushpendraSinghB
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Plaintiff is owner of Plot No. 1 and admittedly defendant is owner of plot No.2. Both the plots are adjacent to each other. The plaintiff has constructed a house on his plot No.1 and on right side of his house, he has opened two windows. Since on left side and back side, there are walls of other houses, as, the plaintiff had no other source to get air in rear portion of his house. This is why plaintiff had constrain to open window on the right side. The plot No.2 is lying open for more than 25 years as defendant intends to sell it when it would fetch high value of plot. The plaintiff is enjoying air and light from his windows which is according to him minimum requirement for the permanent beneficial enjoyment of his property. According to plaintiff, he is enjoying the above right within knowledge of the defendant, peaceably, without any interruption for more than the last 23 years. It is further pleaded that the defendant had purchased his plot No.2. from some other person and before that plaintiff had already constructed his house. The defendant had even after purchase of said land, never objected to the constructed windows. Now, the defendant has started construction work and he is digging foundation so that on certain day he will erect wall adjacent to his house and thereby plaintiff will be precluded from enjoying his right of easement. Therefore the plaintiff has filed this suit for declaration and injunction restraining the defendant for closing windows and obstructing air and light which plaintiff is receiving for more than 20 years. The plaintiff has valued the suit for declaration to the tune of Rs.1,000/-(One Thousand) as the value of the suit property and court fee of Rs. 120/- (M.P. State) has been paid. In addition, he has valued the suit for injunction to the tune of Rs. 400/-and a minimum court fee of Rs. 100/- (one hundred) has also been paid.
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