SUMATI PARKASH Vs. ROSHAN LAL

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT -plaintiff filed a suit for permanent prohibitory injunction restraining the respondents-defendants from raising construction of building adjacent to their shops, which they allegedly completed in the year 1970. It was alleged that the plaintiffs had constructed some shops on their own land in the year 1970 and that some ventilators had been kept towards the adjoining property of the respondents-defendants. It was alleged that respondents-defendants had started erecting pillars, with a view to raising a structure and that in case the structure was allowed to be raised that would affect the right of light and air to the shops of the plaintiffs, besides affecting the customary right to go to the adjoining land of the respondents- defendants for the purpose of repair of that side of the shops which is towards the property of the respondents-defendants. It was also alleged that the respondents-defendants were trying to make encroachment upon the site of the plaintiffs, which they had left vacant towards the defendants' property, by erecting pillars/structure.

(3.) TWO Courts below have returned concurrent finding that the shops of the plaintiffs were not constructed in the year 1970, as claimed by the plaintiffs, but within 20 years from the institution of the suit and, hence, plaintiffs had not acquired any easementary right of air and light to their shops from the adjoining property (vacant site) of the defendants. Plea of customary right has also been dismissed. Finding has been returned that the plaintiffs had utilized every inch of their land by constructing their shops and hence the question of any encroachment upon their property by the defendants does not arise. With the aforesaid findings the claim of the plaintiffs has been dismissed.