CHHAGANLAL JAGANNATH Vs. CHATURBHUJ MOHANLAL

JUDGEMENT

(1.) THIS is a petition for revision arising out of a suit for perpetual injunction for not blocking the apertures in the eastern wall of the plaintiff's house situated in Didwanaoli, Lashkar. The windows in the plaintiff's house open towards the defendant's house. The defendant is building a wall which will close these apertures. The suit has been decreed by the trial Court and the first appellate Court upheld this decision.

(2.) MR . Bhagwanswaroop on behalf of the petitioner raises two points. The first point is that under S. 16, Easements Act, the plaintiff must prove that he enjoyed the access and use of light and air as an easement and as of right for twenty years.

(3.) THE next contention is rather important. The learned counsel for the petitioner draws my attention to S. 35, Easements Act, which lays down that subject to the provisions of the Specific Relief Act an injunction may be granted to restrain the disturbance of an easement, if an easement is actually disturbed, when compensation for such disturbance might be recovered and S. 33 of the same Act declares that the owner or occupier of a dominant heritage can institute a suit for compensation for the disturbance of the easement where the disturbance has actually caused a substantial damage to the plaintiff.