VANITA RANI Vs. GAUTAM

JUDGEMENT

(1.) Plaintiff Vanita Rani having failed in both the courts below to secure temporary injunction has filed this revision petition under Article 227 of the Constitution of India assailing orders of both the courts. Plaintiff -petitioner in her suit filed against defendant - respondent Gautam has claimed right of easement by prescription regarding ventilator allegedly existing in first floor room of the plaintiff towards the house of the defendant-respondent alleging that the said ventilator is being used by the plaintiff and her predecessor/vendor for 30 years.

(2.) The plaintiff claimed temporary injunction restraining the defendant from closing the said ventilator during the pendency of the suit.

(3.) The defendant resisted the suit and the application of temporary injunction and denied the averments of the plaintiff. It was pleaded that the plaintiff and her husband wanted to construct the ventilator forcibly in the garb of the suit.