BANSIDHAR Vs. MATRU MAL

JUDGEMENT

(1.) This is an appeal on behalf of the defendants from that part of the judgment of the learned Additional Subordinate judge by which he has affirmed the finding of the learned trial Judge, restraining the defendant-appellants from building their house more than seventeen feet high or in such a way as to obstruct in any way the passage of air or light to the plaintiffs in the second storey of their house.

(2.) The only point taken in the present appeal by Mr. R.S. Chatterji, on behalf of the appellants, was that as there is a compound wall between the house of the plaintiffs, standing on plot 1390, and, the house constructed by the defendants on plots 1389, 1387 and a portion of plot 1386, it cannot be said that by construction of the defendants' house, the plaintiffs will not get so much of the use of access of light or air over the defendants' premises as is reasonably necessary for the comfortable habitation of their premises.

(3.) It is necessary to state some relevant facts for the decision of the point raised in this Court.