MENAKA CHAKRABORTY Vs. DEBASISH MANDAL & ORS

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 17th July, 2014 passed by the learned Additional District Judge, 5th Court, Nadia in Title Appeal No. 61 of 2013 affirming the judgement and decree dated 24th July, 2013 passed by the learned Civil Judge (Junior Division), Additional Court, Krishnagar, Nadia in Title Suit No. 29 of 2012 at the instance of the plaintiff/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiff filed a suit for declaration and permanent injunction. She complained that if the construction is allowed to be raised by the defendants on "B" schedule property, then the plaintiff's easementary right of light and air in her property will be affected. She further complained that the construction was not raised in accordance with the Building Rules of the West Bengal Gram Panchayat Administration Rules, 1981.