Court : Gujarat
Decided on : Jul-21-1972
Reported in : (1973)14GLR194
A.D. Desai, J.1. This second appeal comes before us for final decision on the reference made by our brother D. A. Desai. J. Shortly stated the relevant facts are that the appellant-defendant and respondent-plaintiff are neighbours and their houses are adjoining. The suit house of the defendant is situated in the east of that of the plaintiff. Till the filing of the suit, the house of the defendant had a ground floor only. There is a wall dividing the two houses. The total length of the wall is 22 feet. The breadth of the wall is 9 inches. There is no dispute between the parties that the common wall having the length of 19 feet on the ground floor is a joint wall. The first 4 feet of the wall is admittedly of the exclusive ownership of the plaintiff. The plaintiff had constructed a first floor and in so doing he increased the height of this common wall. It was the case of the plaintiff that this wall on the first floor which was erected on the common wall was his exclusive property. In ...
Tag this Judgment!Court : Gujarat
Decided on : Sep-08-1972
Reported in : AIR1973Guj261; (1973)0GLR596
B.K. Mehta, J.1. In this petition the petitioners have challenged the acquisition of the different pieces of land bearing different survey numbers measuring about 10 acres situated at village Navli in Kaira District. for purpose of extension of the village site of the village, Navli, of which was established some 600 years ago. the acquisition in question has been made in the following circumstance :--2. As sated above, the village Navli was established some 600 years ago. There is a road leading to village June Andhariya situated on the west of the village site of the said village Navli. That road runs from South to North. There is another road, further to the west of the aforesaid road leading to June Andhariya, which is known as Navli-Umeta Road. All the pieces of land except 3 involved in this acquisition are situated between these two roads. The survey numbers which have been sought to be acquired for the purposes of the extension of village site land are 429, 430/, 430/2. 431/1, ...
Tag this Judgment!