RAJESH M SHAH Vs. S MARIAPPAN

JUDGEMENT

(1.) THIS Second Appeal arises out of the concurrent findings of courts below decreeing the Plaintiff's suit for declaration of easementry rights of light and air and permanent injunction. Unsuccessful Defendants are the Appellants. For convenience parties are referred as per their rank in the original suit.

(2.) THE Plaintiff and the Defendants admittedly are adjacent land owners. The case of the Plaintiff is that he purchased the property by EX. A1 sale deed dated 07. 05. 1973 and constructed a house in it after obtaining EX. A2 planning permission and plan approval from the Corporation of Chennai. He has been living in the house for the past 27 years. The adjacent property belonged to the Defendants was only a hut with ground floor only. The Plaintiff has been receiving light and air to his house consisting of ground, first and second floors through the windows and ventilators on the eastern wall of the house of the plaintiff. The Defendants who purchased the property on the eastern side demolished the hut and constructed a new house of the Plaintiff and thereby blocking free flow of light and air to the building of the Plaintiff and thereby the easementry right of the Plaintiff is affected.

(3.) THE Defendants resisted the suit contending that Plaintiff has no easementry right of light and air to his property. According to Defendants, in a street house there was no restriction for construction in the entire area and the Plaintiff cannot restrain the Defendants from putting up construction in the entire land. The Defendants have applied for permission from the authorities concerned and the Defendants has demolished the building existed in the property purchased by him and already constructed a new building and easementry right of the Plaintiff has not been affected.