...learned Judge continued:—“The old wall is a common wall. Thus assuming that the new wall is also a party wall, it could not be said that there is an ouster by the opening of the wind...is whether the raised portion of the wall becomes a common party wall. It was erected by the defendants at their own expense. There is no evidence whether there was any arrangement between the.... Narasimhtila that the newly erected portion will not be a common or party wall, but will be the exclusive wall belonging to the defendants. The ruling in Motilal v. Magan lal does not mi...

...started illegal constructions, which has caused substantial damage to the common party wall and existence structure of his shop property i.e. Survey No.470. 2.3 Without...for permanent injunction and declaration, it is prayed that the defendants - appellants have no right to construct new building, which has caused the substantial damages to the common party wall and...arisen with the common wall (party wall). The structure existed on the property of the appellants was very old one. The common wall between the properties supported through T - Girder structure...

...as the proposed construction is in violation of the said rules and the proposed construction, if permitted, will cause him irreparable loss and injury. Every owner has same rights in a "party wall" and he is entitled to its user in ...that does not cause damage to the other co-owners. If a co-owner wants to raise construction on the common wall with the purpose of ousting the other co-owner the ousted co- owner is entitled to raise objection regarding the constru...wall by him causes damage to him say, if there will be any diminution of light and air to him by the use of such party wall. He sought to draw support from Sardari ...

...the southern sides of plaintiffs' property. The commissioner's report and the oral evidence unmistakably show that both the parties are using the wallas the common wall and that they have the right to do so5. The evid...the joint-owner the resultant wall assumes the same character as the original party wall. Position will be different when it is done without consent or acquiescence of the joint owner. The aggrieved co-owner can certainly a...Durga Parshad v. Jheetar Mal (AIR 1954 Punjab 125) observed thus:“The two adjoining owners of a party wall are tenants-in-common, and the ...

...is clear finding of the Courts that the windows and ventilators which have been fixed, are on the southern wall, which is a common wall. The common wall is known under the Easement Act as “party ...”. The co-owner of a party wall is not entitled to make any additions or alterations to the party wall without consent of the other co-owner. Raising of party wall or unauthorised constructions ov...of it, by placing an obstruction on it or if a co-owner scraps or otherwise damages party wall, the other co-owner has right to move the Court under the provisions of section 35 of the Indian Easements Act, 1882....

...right or title over the suit wall, which is exclusively belonging to the defendants and it is not a common wall but it is a party wall. 6.However, the trial court, based on the...: a) that the lower Appellate Court has overlooked the characteristic features of a party wall and a common wall. b) that the disputed wall is a party ...characteristics features attending a party wall or common wall? (b)Whether the lower court failed to note that the respondents have not taken any positive steps to employ the services...

...1. The finding is that the wall in dispute is a party-wall, belonging to plaintiffs and defendants as tenants in common. It is also found that the agreement A has no reference to the...really harm them; but, at the same time, the altered wall is no longer the same wall and the newly-erected portion will not be a common or party-wall. The erection of it might give rise to...legislative provisions on the subject in this and other countries is to treat a party-wall as a structure for the common benefit and convenience of both of the tenements which it separates, and to...

...The plaintiff, in a suit for injunction with reference to a party-wall, is the appellant in this Second Appeal. The only live issue for consideration in this Second Appeal is the plaintiff's claim to rest rafters of the b...Court, that the common wall itself is an old wall and it is supporting the terrace of the defendants' building. If the plaintiff desires to make holes in the common wall to insert his rafters, it must be a...ouster or to a destruction of the party-wall. In this connection reference may be made to the decision of Chandavarkar and Aston, JJ., in Kalishankar v. Bai Kashi, based on the principle that before a party...

...rough plan and shown as B schedule property in the description of the property in the plaint was constructed by the plaintiff's husband exclusively at his own cost, it is a common party wall. The...put up construction only on the eastern half of the AB wall to a considerable length/Therefore, even if the AB wall is a common party wall, the plaintiff cannot object as the defendants have put up...basis of the materials, has held that AB is a common party wall and the plaintiff is entitled for declaration of her title, right and interest to AB wall only as a common owner.6. The...

.... 2. The facts are not in. dispute. There is a common wall between the houses of the plaintiff and the defendant. The width of the wall is 16". In the third storey the plaintiff raised the width of half the...unable to accede. This is a case of party wall of which both the plaintiff as well as the defendant are to use the phraseology of English law tenants-in-common. 6. Learned counsel for...subscribe to that view. It would not be correct to say that each of the tenants-in-common of the party wall is owner of the moiety of the wall on his side in absence of a partition by metes and bounds. The...

...separated by a common party-wall. It was averred that in Samvat 2009, Roopchand raised the height of the party-wall alleging his exclusive owner-ship over it. The appellant Poonamchand filed a suit against...perpetual injunction restraining him from building on the common wall without the consent of the plaintiff. It is said that the execution of that decree is going on and the proceedings are being stayed by this Court in some other ap...edition wherein, referring to Watson v. Gray 1880, 14 Ch. D 194, it has been pointed out that the term 'party-wall' may be used in four senses, namely- (1) a wall of which the two adjoining...

...the wall to be more weaken and would permit the said wall to fall down which may result in causing damage to his house. (20) The term "party wall" may be used in four different senses, as meaning ...in hand comes in the first category and the plaintiff and the defendant are the tenants in common in respect to the disputed party wall. (21) Generally a party wall is a wall ere...defendant would raise construction in his share in the party wall, the entire disputed wall will remain common wall. Indeed in para 3 of the said decision, it has been held by this court that whenever...

...case as respects the removal of the chimney was accepted by the trial court and so also the readjustment of the balcony in so far as it encroached upon more than half the portion of the common wall, and these matters are no longer i...appeal is how far the contention raised by learned counsel for the defendant in this connection is correct. There is a body of case law relating to the use of a party-wall to which it would be necessary to refer at this stage. ...Cubitt v. Porter, (1S28) 8 B and C 257 at p. 265 wherein it was laid down that where one tenant in common had heightened the wall, then the remedy of the other party was to remove it...

...one tenant-in-common of a party wall to build upon the wall or to inter, fere with it is one which is covered by decisions.2. The case of Watson v. Gray (1) clearly lays down on prin...not entitled to interfere with the party wall without the consent of the other tenant-in-common. The same point was...decided in the case of Kanakayya v. Narasimhulu (2). In that case one of two tenants-in-common of a party wall raised the height of the wall with a vi...

...first deal with the appeal of the defendant.5. Mr. Jain contends that the appellant being a tenant-in-common of the party-wall has a right to raise its height and use it if no damage is...caused to the respondent. According to him raising of party-wall and using it by the appellant does not amount to ouster of the respondent, if the former does not dispute the rights of the latter as tenant-in-common. He...this is a case of a party wall of which the two adjoining owners are to use the phraseology of the English law, tenants-in-common: and the wall cannot be treated as a wall divided longitudinally into two...

...Section 6(1)(i) engulfs in it a person who has a right in a party wall i.e when there is a common wall between the two dwellings.35. A common wall suppo...common boundary wall which is party wall. If an adjoining house or bungalow is sold and the owner of the adjoining another bungalow having a common boundary wall filed a suit for preemption, his c...for pre-emption is simply on the basis of his being a neighbour. The mere existence of a common boundary wall or a party wall in between two bungalows does not make him a co-sharer in the property sold or a person ...

...disputed by the learned counsel for the appellant. His submission is that in the case of a party wall the owners are tenants-in-common and none of them has the right to build upon that wall or raise...decisions dealing with that question. The learned counsel for the appellants, however, contends that, as the defendants have not occupied the whole of the width of the top of the common wall, but have confined themselves to that moi...another, AIR 1967(1) Madras Law Journal 316, in which it was held (as per the head-note) :- "In the case of a common party wall each co-owner is entitled to a reasonable user...

...3-3-1964, decresing the plaintiff's suit for partition of a joint party wall and injunction.2. The relevant facts are these—The plaintiff respondent Roopchand, now dead, and represented by the present r...which is beyond the height of 2 inc. from the terrace their in and also granted a perpetual injunction restraining him from building on the common wall without the consent of the plaintiff. The Court also maintained the decree for t...in the earlier litigation as also in other cases relating to the use of “joint party wall” that the parties have to be treated tenants in-common of the entire wall and that the wall could not be...

...held that the ordinary meaning of the term 'party-wall' is a wall of which the two adjoining owners are tenante-in-common, and if one of the two tenants-in-common excludes the other from the use of it...Madras, -- 'Kanakayya v. Narasimhulu', 19 Mad 38 (E), one of two te-nants-in-common of a party-wall raised the height of the wall with a view to building a superstructure on his own tenement. The other...Court have found that it has not neen proved that the wall belongs either to the plaintiff or the defendant and that it is therefore a joint or a party-wall. It is in these circumstances that it has to...

...may point out that there are several plots over which adjoining bungalows or houses belonging to different persons are constructed and they have a common boundary wall which is party wall. If an adjoining house or ...being a neighbour. The mere existence of a common boundary wall or a party wall in between two bungalows does not make him a co-sharer in the property sold, or a person with a common stair case or ...entrance or any other common rights or amenity. Substantially he is only a neighbour and so far as party wall is concerned, the rights and obligations of the two neighbours are so analogous to...