SIBABHAI CHAWAN AND OTHERS Vs. SABITRIBAI JAIN

JUDGEMENT

(1.) This is a defendants' appeal against reversing judgment.

(2.) Plaintiff-Respondent instituted the suit for declaration of easementary right, permanent and mandatory injunction and damages to the tune of Rs.1000/-.

(3.) The case of the plaintiff was that she purchased the suit schedule land from one Chhuni Rai Karamsi Padharia by means of a registered sale deed dated 14.5.85. Since then, she is in possession of the suit land. Taking advantage of her temporary absence, the defendants started construction on a portion of the suit land and adjoining suit land. By such construction, the defendants damaged the wall standing over the suit land. It was further pleaded that in the event the defendants will make construction, her right to use free light and air will be impaired and she will have no way of passage. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra.