SWARAN SINGH Vs. BHAG SINGH

JUDGEMENT

(1.) Through this regular second appeal under section 100 of the Code of Civil Procedure, 1908, the plaintiff -appellant seeks reversal of the judgment and decree dated 5 -10 -1982 which has affirmed the judgment and decree of the lower Court and directed the dismissal of the suit.

(2.) The bone of contention in between the parties is the prescriptive easementary right allegedly enjoyed by the plaintiff and his predecessors -in -interest over the property (vacant plot) belonging to contesting defendants. The plaintiff claimed to be the owner in possession of the building known as Brunswick House, The Mall, Shimla The aforesaid property was purchased by the plaintiffs and their father, Shri Nagina Singh and the latter bequeathed his share in favour of the former and thereby the plaintiffs claimed to have become owners in possession of the entire building. The building was three -storeyed at its inception The upper -most storey was having seven shops with their opening towards The Mall, while the two storeys were down below. The plaintiffs claimed the existance of windows, ventilators, down pipe and Hauzi for the last more than fifty years.

(3.) In this appeal, respondents Gurdial Singh and Gurbachan Singh (proforma respondents) were also plaintiffs alongwith Swaran Singh, appellant. Plaintiffs have put forth a claim to easementary rights for free access of light and air through the windows and ventilators detailed in the map (not proved) as detailed in the plaint. They have also claimed easementary right pertaining to the fixing of down pipe and flow of water from the Hauzi to the municipal Nullah. Their further assertion is that they had been receiving light and air from the aforesaid windows and ventilators for more than fifty years and they have acquired prescriptive easementary right thereto to the knowledge of the defendants.