MANOHARLAL Vs. BHEERULAL

JUDGEMENT

(1.) THIS is a plaintifis1 second appeal arising out of a suit for mandatory and perpetual injunction to restrain the defendants from disturbing certain easements of the plaintiffs.

(2.) THE houses of the parties are situated contiguous to each other in the city of udaipur. The plaintiffs' house is stated to be a four storeyed one. In the first storey there exist two windows in the eastern room and one 'jali' in the western room. Similarly in the second storey there are two windows in the eastern room of the plaintiffs' house and also a 'medi'. In the third and fourth storeys there are certain projections in the plaintiffs' house over-hanging the defendants' house and these projections have been described in local terms as 'khumla' and 'galmi'. The plaintiffs' case is that the defendants had obstructed the windows and the 'jali' in the first storey and had threatened to disturb the plaintiffs' easements in the second, third and fourth storeys also. It was, therefore, prayed that the defendants be restrained by a perpetual injunction from disturbing the easements existing in the plaintiffs' house in the second, third and fourth storeys, and a mandatory injunction may also be issued for demolition of the tin-shed, and the wall constructed by the defendants in the first storey so as not to obstruct the windows and the "jail' existing in the plaintiffs' house and a perpetual injunction may further be issued against the defendants not to cause obstruction to the said windows and 'jali'.

(3.) THE defendants denied the existence of the aforesaid easements alleged by the plaintiffs.