BASANT SURANGE Vs. DURGABAI

JUDGEMENT

(1.) This second appeal has been filed assailing the concurrent findings of both he courts below where the suit of plaintiff/appellant filed for declaration of right to air and light from the adjoining plot belonging to the defendants and with corresponding decree of permanent injunction against the defendants in that regard. The corresponding decree of permanent injunction was sought for adjuncting the defendant from interfering with this right.

(2.) No written statement was filed by the defendants.

(3.) After adducing evidence brought by plaintiff the suit was dismissed. The trial Court observed that apart from the statement of the plaintiff and his witnesses, no documentary proof or otherwise was adduced to substantiate his claim in the plaint. Moreso, the trial Court found that in regard to the plot of the defendant over which right to way, light and passage was being claimed by the plaintiff, civil suit 177-A/74 had been filed by Sita Ram (father of defendant herein) against the plaintiff herein and brothers and sisters of the plaintiff herein. This suit was decreed in favor of the plaintiff Sita Ram ( defendant herein) declaring him to be the owner of the said plot and to be in possession and also preventing the defendant therein (the plaintiff herein ) from interfering in the possession of the said plot of the plaintiff (defendant herein). Pertinently the decree passed in favor of the defendant herein was affirmed till the High Court and thus attained finality and binding effect between the parties.