KRISHNAKUMARAGRAWAL Vs. JAI KUMAR JAIN

JUDGEMENT

(1.) This is a defendants Second Appeal filed under Section 100 of the Civil Procedure Code (for short "the Code") in a suit filed by the plaintiffs-respondents, praying therein that it be declared and decreed that the defendants have got no right to close the windows and ventilators and other openings in the north-eastern wall of the plaintiffs house and the defendants be further restrained from causing diminution in the light and air, to which the plaintiffs are entitled. The . plaintiffs have been enjoying the same right for the last more than 12 years. The relief further was for removal of the wall or any other structure made by the defendants adjacent to the wall of the house of the plaintiffs.

(2.) The plaintiffs-respondents brought this suit with the averment that their grand father has purchased holding No. 32 in Ward No. 2 in Mohalla Chowk Road under a registered deed of sale dated 19-5-1921 executed by Ram Charan Lal alias Bachu Babu who was the common ancestor of the defendants in favour of Godulal Jain, grand-father of the plaintiffs, who have raised three storeyed building. They opened windows at the right of 10 ft. This was consistent with the covenant in the sale deed itself, but the defendants-appellants are obstructing the passage of light and air by raising constructions, hence necessity for the present suit arose.

(3.) The case set up by the defendant-appellants was a total denied of the plaintiffs case. It was averred that the plaintiffs-respondents have no right to open windows and ventilators in the northern side and they have not complied with the conditions of the sale as contained in the sale deed of 1921. The covenants in any case created in the sale-deed were in the nature of a licence and the same did not create any right in favour of the plaintiffs. The wall has correctly been raised by them. The plaintiffs are entitled to no relief.