THAMBI CHERIYAN Vs. BABU

JUDGEMENT

(1.) This regular second appeal raises important questions of law. Does the law permit a person to claim unhindered or unobstructed prospect or view to any building (here a commercial building) as a matter of right Can a person claim a decree for permanent prohibitory injunction based on the alleged violation of such a right

(2.) Heard Sri. K. Ramachandran, learned counsel for the appellant and Sri.T. N. Manoj, learned counsel for the respondent.

(3.) The defendant in a suit for such a relief is the appellant and the plaintiff, the respondent. Parties are hereinafter referred to as the plaintiff and defendant. Decree passed by the trial court, which was confirmed in appeal, reads thus :