RAM PRATAP AND OTHERS Vs. NARAIN SINGH CHAUDHARY

JUDGEMENT

(1.) THIS appeal by the defendants arises under the following circumstances.

(2.) THE parties are owners of adjacent houses in the town of Dugadda. The appellants house was a doublestoried one. In 1946 the respondent started constructing a second storey in his house. This was objected to by the appellants on the ground that the constructions of the respondent, were likely to interfere with their right of easement of light and air. The respondent, however continued with his constructions. When the walls of the second storey of the respondents house had been raised to a certain height the appellants. instituted a suit for injunction restraining the respondent from proceeding with the constructions. Pending the hearing of the suit they applied for and obtained an interlocutory order of Injunction on 26-2-47. The order of Injunction remained in force from 26-2-1947 to 15-7-1948 when it was vacated by the order of the lower appellate Court. The appellants suit was dismissed by the trial Court and the appeal also met the same fate.

(3.) THE suit was resisted by the appellants. They denied that injunction was obtained by them maliciously or without reasonable and probable cause.