GANESHRAM JAWHAR JAIN Vs. ROOPSINGH UMARAOSINGH

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff arising out of a suit for an injunction restraining the defendant from interfering with his right of easement.

(2.) THE house of the defendant-respondent is situated to the West of the plaintiff-appellant's house and the two houses adjoined each other. The plaintiff had purchased his house on 12-3-1935 by registered sale-deed. At that time it was single storeyed. Some time after the purchase the plaintiff made additions and alterations in the house and added 2 storeys over the ground floor. On the 2nd and 3rd storeys there are certain ventilators through which light and air was received from the west, that, is, from the side of the defendant's house.

(3.) IN December, 1956 the defendant also made additions and alterations to his house by constructing 2 storeys over it so as to interfere with the access to light and air through the ventilators in the house of the plaintiff from the west. So far the facts are not in dispute.