Court refuses to stop wall raising, blocking sun
The city court said the two have to first prove they have the "easementary" right to access air and sun from across the wall.
New Delhi: A city court has rejected the
plea of two Old Delhi residents to stop their neighbour from
raising a wall blocking air and light to their house, saying
the two have to first prove they have the "easementary" right
to access air and sun from across the wall.
"The right of enjoyment and easement are yet to be proved
by leading evidence," said senior civil judge Ajay Goel,
rejecting the plea.
He, however, made it clear that if the duo prove that
their easementary rights got affected by the wall before the
civil judge, who is seized of their pleas for stopping their
neighbour from raising the wall, the same will have to be
The order came on a plea by Mohd Qasim and Mohd Nazim
challenging the civil judge`s June 2011 order refusing their
pleas to stop their neighbour from raising the wall.
In their plea they had said if their neighbour Mohd
Haroon is not stopped from raising the wall in common space,
the air and sun light to their house would be blocked,
affecting their easementary rights.
The senior civil judge noted that the civil judge had
referred to a partition arrived at between the parties in a
civil suit and found that there was no mention of any common
space in that suit.
"If he wants to assail that it is a common space he is
required to prove the same during the course of trial and no
benefit as sought can be given right now," the civil judge had
said. The court also said they should have been vigilant while
arriving at a compromise regarding easement rights.