ROHLNI BAI Vs. B L RAJASHRI

JUDGEMENT

(1.) THE appellant is the defendant. The respondent-plaintiff filed a suit for permanent injunction against the defendant not to put up any construction on the southern compound wall, and for mandatory injunction for demolishing the height of the compound wall built in excess of 4 feet, further seek a direction that a set back space of 5' should be left between the southern compound wall and the building and also to direct the defendant not to open any windows or ventilators to the southern compound wall.

(2.) THE defendant resisted the suit contending that the constructions are valid and duly licensed by the Corporation. It is the case of the plaintiff that the illegal construction would affect the easementary rights of enjoyment of light and air to his property.

(3.) THE Trial Court has decreed the suit directing demolition of the southern compound wall built in excess of 4' height and also directed for leaving set back space of 3' between the southern compound wall and the building. Hence, this appeal.