(1.) The Court: - In our country, this is a most unusual suit. Not that suits of this kind have not been instituted earlier. They have been few and far between.
(2.) The plaintiff is a company, ITC Limited. They are the owner of a building called "Fountain Court" at 7/1, Little Russell Street (also known as Nandalal Bose Sarani) in Kolkata-700071. This building has several flats which are occupied for residential purposes by the officers of this company. It is about 67ft. 6 inches tall and has five stories. It has 43 windows, 30 of them on the western side.
(3.) In the present action, the suit, the plaintiff seeks a declaration that it has an absolute and indefeasible right to the access and use of light and air through and over the premises No. 42B, Chowringhee Road ( also known as Jawaharlal Nehru Road ), Kolkata 700 071 which predominantly lies on its western side. It also claims the related order of injunction restraining the defendant from interfering with such enjoyment of air and light. The plaint was verified on 14th August, 2013.