BHLMAVARAPU VENKATA REDDY Vs. BHIMAVARAPU AMMIREDDY

JUDGEMENT

(1.) The defendants preferred the above appeal against the confirming judgment of the Learned Additional District Judge Guntur in A. S. No. 153/78.

(2.) The suit was filed by the respondent herein claiming four reliefs, namely, (1) declaration that the plaintiff is entitled to light and air through the windows W1 and W2 of plaint plan; (2) mandatory injunction directing the defendants to remove the wall constructed to the south of FE line: (3) declaration that the galli FEDHJK is a public galli and (4) permanent injunction restraining the defendants from making constructions in the said galli. The defendants opposed the suit pleading that there is no public galli to the south of plaintiff's property: that they did not encroach into the galli: that the wall complained of was constructed 17 years prior to the suit and that the plaintiff has no easementary right to claim light and air through the windows W1 and W2

(3.) The trial court held that,the plaintiff is entitled for a declaration that he is entitled to receive light and air through the windows W1 and W2:. Therefore, while granting the declaration with regard to the right of the plaintiff to receive light and air, the trial court granted the mandatory injunction directing the defendants to remove the wall constructed to the south of FE Line. The trial court, however, negatived the other two relief on the ground that subsequent to 1957 the galli seems to have been abondoned.