SUZAN MAL Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS is plaintiff's civil second appeal who lost their suit in respect of easementary right of light and air in both the courts below.

(2.) THE lower appellate court of the District Judge, Partapgarh recorded his findings as under:

(3.) IT may be said without any fear of contradiction that the plaintiffs could succeed only when they could prove that the disturbance of the easement of light and air has actually caused substantial damage to them, vide Section 33 of the Act and the explanations attached to it. It was thus for the plaintiffs to show what specific injury was caused to them. If they fail to prove this specific injury resulting in substantial damages, they cannot succeed on the mere presumption that by defendant's raising the stair -case, specific injury or substantial damages has resulted to them. As such a presumption of substantial damage is not permissible in view of the language of Sections 33 and 35 of the Act.