SMITA Vs. RAJANI

JUDGEMENT

(1.) Heard.

(2.) In this second appeal, the appellant / defendant No.1 challenged the legality and correctness of the concurrent Judgments and decrees passed by both the courts below. The parties hereinafter are referred to as per their original status before the Trial Court.

(3.) While admitting this appeal on 01/07/2004, the following substantial question of law was framed. "Can any construction which is otherwise permissible but is carried out without obtaining prior permission, ipso facto, constitute nuisance or violation of right of privacy of a person who could have otherwise not obstructed such construction ?"