A V KUPPUSWAMY IYER Vs. S K SUBRAMANIAN

JUDGEMENT

(1.) This Second Appeal memo of cross objection coming on for hearing on this day, the Court delivered the following judgment :-The defendant in O.S. No. 1238 of 1979 on the file of the District Munsif, Madurai Town, who succeeded before the learned Trial Judge, but lost before the first appellate Court, has filed the above second appeal.

(2.) During the pendency of the appeal, the sole appellant died and in his place, appellants 2 to 8, his legal representatives have been brought on record to prosecute the appeal further.

(3.) The suit O.S. No. 1238 of 1979 was filed by respondents 1 to 3 for a declaration that the plaintiffs have acquired easementary right of light and air, through the windows-W1, W3 by prescription and consequently, for a mandatory injunction restraining the defendant and his men from in any way interfering with the enjoyment of the easementary right of light and air through the said widows by putting up any wall or building or construction and thereby preventing the free flow of light and air.