NANDALAL LADIA Vs. PROVUDAYAL TIKRIWALLA

JUDGEMENT

(1.) This is an appeal by the plffs. against a judgment of the learned Dist. J. Howrah dismissing the plffs'. appeal & the deft, l's cross-objection to that Court.

(2.) The plffs. instituted the present suit for a permanent injunction restraining the deft. 1 from proceeding with the construction by the deft, on his land & for a mandatory injunction requiring the deft, to pull down certain construction already made. The ground on which the plffs. claimed a perpetual & mandatory injunction was that there has been interference with the plffs'. right to light & air by reason of the constructions made by the deft. It was also alleged that there was a breach of the municipal rules & byelaws which entitled the plffs. to require the deft, not to proceed with the construction of the building. The plffs. & defts. are adjoining owners. The trial court gave the plffs. a modified decree. Against the decree of the trial court both parties appealed. The lower appellate court has maintained the decree of the trial court. The plffs. have therefore preferred an appeal to this Court. There is a cross-objection by the deft. 1 in so far as the decrees of the courts below directed that the deft. 1 be restrained from extending towards the north the room on the eastern side.

(3.) Mr. Chatterjee appearing for the appellants has contended that inasmuch as the proposed erection on the deft's. land was in contravention of the municipal rules & by-laws, the deft, should be restrained from proceeding with the constructions & further directed to remove the building already erected.