GH RASUL SHAH Vs. HABIB ULLAH SHAH

JUDGEMENT

(1.) THIS is a second appeal directed against a judgment of the appellant Court below decreeing the plaintiffs suit for permanent injunction and ordering the defendants to close the windows in the southern wall of their house and restraining them from opening any window or ventilator on that side in future.

(2.) THE case has had a chequered career and the facts may be briefly stated thus: The plaintiff had brought a suit for permanent injunction in the Court of Second Additional Munsiff, Srinagar, on the allegation that he had suffered a substantial injury due to the fact that the defendants had opened windows in the southern wall of their house. The suit was based purely on substantial injury caused to the plaintiff by the act of the defendants. It may be mentioned that the plaintiff had not alleged any right of privacy either customary or otherwise, in his plaint, nor did he seek relief on the basis of such a customary right.

(3.) THE defence was that the defendants had a right to open the windows in order to derive light and air and that the ventilators had existed since a long time and that the plaintiff had not suffered any injury and was not entitled to injunction.