KANRAJ KHATRI Vs. NATHURAM JAIN

JUDGEMENT

(1.) This revision has been filed by the defendants against the appellate order dated 10-4-96, passed by IIIrd Additional Judge to the Court of District Judge, Bastar, in Misc. Civil Appcal No.3 of 1996. The lower appellate Court has reversed the order passed by the trial Court refusing the grant of temporary injunction.

(2.) The non-applicant/plaintiff filed a suit for declaration that he was entitled to right of easement in respect of light and air passing from the windows of the eastern wall of his house and he also claimed permanent injunction that the applicants/defendants shall be restrained from constructing any structure within three meters of his house or any other distance determined by the Court. It was also claimed that a mandatory injunction be issued to the applicants/defendants that in case, they have obstructed the light and air to the house of the non-applicant, then they be asked to remove the structure obstructing the light and air going to the house of the nonapplicant.

(3.) Shortly stated, the case of the nonapplicant was that he had constructed a house on Plot No. 124/7, Sheet No. 91, area 1284 sq.ft. in Sadar Ward, Jagdalpur. The applicants purchased an open plot on eastern side of the house in the year I995. It formed the part of Sheet No. 9t, bearing Plot No. 124/9, area 980 sq.ft. and Plot No. l24/10, area 1020 sq. ft. It was further alleged that the applicants were brothers and members of the Joint Hindu Pamily. They had purchased the aforesaid two plots after dividing them in two parts as aforesaid and got them registered in the individual names. The situation of the two plots was shown in the plaint map from which it was clear that the house of the non-applicant fell of the western side of the plot of both the applicants.