DAROUPADI DEBI Vs. S K DUTT

JUDGEMENT

(1.) This is a defendants' appeal against the order of a learned single Judge allowing a second appeal holding that the plaintiffs could claim the right of privacy against the defendants and remanding the case to the first appellate Court for passing final orders in the light of the observation made in the order.

(2.) The houses of the plaintiff-respondents and the defendant-appellants adjoin each other. They were constructed in 1928 and 1929 respectively on plots of land purchased from the Improvement Trust, Allahabad, about 1916. The Improvement Trust had demolished the old houses, acquired the site and then auctioned or sold the site in plots.

(3.) Since the houses were constructed the parties have been to court twice before. The first suit was by the predecessor-in-interest of the present plaintiff against the defendant or her predecessor-in-interest. It was also based on the allegation that the defendant of that suit had infringed the right of privacy of that plaintiff. The suit was compromised. The compromise itself provided that, in case of any future infringement of the right of privacy, the part-ties would be free to go to Court for necessary relief.