KRUSHNA CHANDRA PRUSTY Vs. MURALIAL MODA

JUDGEMENT

(1.) PLAINTIFF who is in appeal against the affirming decree of the Additional Subordinate Judge of Cuttack instituted a suit on 12.5.1971 alleging that his shop building stood' to the north of the Defendant's abutting the main road in Choudhury Bazar area of Cuttack town. When the Defendant threatened to make his building double storied, Plaintiff was apprehensive that construction of the same would obstruct free flow of air and light through, the windows and openings on the southern wall of the Plaintiff's double storied building and, therefore, he filed Tide Suit No. 177 of 1970 asking for permanent injunction. That suit was compromised on 18 -12 -970, on the following terms:

(2.) THE Defendant entered contest denying the plaint averments and pleaded that the suit was not maintainable in the absence of Municipality. He further pleaded that the compromise entered into the earlier litigation was not' enforceable for want of consideration. He denied that his construction was in violation of Municipal laws. He denied that the Plaintiff's right to light and air had been diminished and affected in any manner and he also denied that any nuisance had been caused to the Plaintiff on account of drain water or the fixing of the water tap.

(3.) THE learned Munsif decreed the suit in part and by permanent injunction restrained the Defendant from opening any drain towards the Plaintiff's premises. Other reliefs were not granted. The Plaintiff, therefore, appealed.