ITC LIMITED Vs. CHOWRINGHEE RESIDENCY PRIVATE LIMITED

JUDGEMENT

(1.) This suit is concerned with easementary rights. It relates to the exercise of an alleged right to obtain uninterrupted ancient light to a building, by ITC Ltd., the plaintiff, and its owner, against Chowringhee Residency Private Limited, the defendant. The plaintiff, is exercising this alleged right as dominant owner of Fountain Court comprised in premises no. 7/1 Little Russell Street Kolkata 700071, also known as Nandalal Bose Sarani over the defendant, the servient owner of a property on its western side.

(2.) What is under consideration, by me, is an interim application in aid of the above suit, taken out by the plaintiff for an order of injunction restraining the defendant from interfering with the plaintiff s access to and use of light.

(3.) This premises comprises of about 2 bighas 1 cottah 3 chittacks and 13 square feet of land. It has this five storied building, Fountain Court, used for residential purposes. Some of the directors and other most senior officers of the plaintiff reside here.