KISHAN SINGH KAMAL Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs regular Second Appeal.

(2.) PLAINTIFF filed a suit for permanent injunction restraining the defendant from closing window 'a' and Ventilator 'v' as described in the head note of the plaint by raising a wall in front of the said window 'a' and Ventilator 'v' are in the northern wall of the first floor and ground floor respectively of the shop of the plaintiff for the last 50 years. Since the defendant is bent upon closing the window and the ventilator from which the plaintiff is having air and light for the last more than 50 years continuously without any intervention from any one and has acquired right of easement by prescription, hence this suit.

(3.) ON the pleadings of the parties, following issues were framed: