MT. ALIFANNESSA Vs. ALI AKBAR

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff who instituted the suit for declaration of her right of easement of light and air over the adjoining land of the Defendant, and also for a mandatory injunction preventing the Defendant from completing the construction of his house, in such a way as to cause obstruction to her rights. During the pendency of the suit, a temporary injunction was granted to the Plaintiff directing the Defendants to stop construction altogether. But this order has been modified and the Defendant] No. 1, Ali Akbar was allowed to complete the construction of the house by shifting the wall on the south -western side to a distance of one cubit further towards the north.

(2.) THE Plaintiff claims to be the owner and occupier of dag No. 1157, which has an area of 4 kathas, 1 lecha. This dag lies contiguous south of the Defendant's land covered by dag No. 1158. The Plaintiff claimed that she had been enjoying free air and light coming through the Defendant's land to her house, which is situated lengthwise of the plot to its north, for about the last twenty -four years prior to the institution of the suit, without interference by the Defendant.

(3.) THE judgment under appeal has been assailed in respect of both the points under discussion.