injunction
sanjay sanjay
(Querist) 22 September 2010
This query is : Resolved
whether a permanent and mandatory injunction to demolish a portion of allegedly common wall between the 2 houses can be granted in a case when title deed of the property of the plaintiff does not contain the length and bredth of the property ( only area is mentioned in the power of attorney)? whether it is mandatory for the plaintiff to first establish that the said alleged wall is infact a common wall throguh oral and documentary evidence to succeed? Whether in such a case, suit can be decidied on the principle of common sense (or preponderance of probability)considering that two adjacent houses must have shared a dividing wall equally in case it is not mentioned in the documents of the plaintiff and defendent also failed to file any document proving his defence that whole wall is infact comes under his measurement? Whether the principle of estopple applies here considering plaintiff purchased the built in house having the said alleged common wall with the defendent only after the 16 years of the the purchase of the defendent? Please guide.
