ABIRCHAND GULABCHAND JAIN Vs. MANIK RAMNARAIN TAILOR

JUDGEMENT

(1.) THIS is a second appeal arising out of a suit for permanent injunction restraining the defendants from constructing the second storey on their respective plots overlooking the house No. 309 belonging to the plaintiff.

(2.) THE plaintiff owns a house No. 309 in Chandiganj Maihar. It is double storeyed house and the plaintiff and members of his family live on the first floor the ground floor being in occupation of the tenants. In front of this house on the other side of the road the defendants have constructed their shops with the consent of the Municipal Committee. As the defendants wanted to add a second storey to this shop, plaintiff filed the suit.

(3.) THE case of the plaintiff is that his house is standing there for the last 40 years. As the construction of the second storey over the shop of the defendant would infringe his right of privacy, he filed this suit for permanent injunction restraining the defendant from interfering with the aforesaid right.