PRABHU LAL Vs. MANGI LAL

JUDGEMENT

(1.) HEARD learned counsel for both the parties.

(2.) THE plaintiff-appellant filed a civil suit in the lower court for demolition as well as permanent injunction, which was decreed by the lower Court and it was directed that the defendant will remove the log (`latha') from the ventilator of the house of the plaintiff and further directed the defendants to raise construction in his house in the first floor in such a manner that there may not be any obstruction in the easementary right of air and light of the plaintiff through window and ventilator of his house. Being aggrieved with the same, an appeal was preferred by the defendant, which was allowed by the District & Sessions Judge, Jhalawar vide impugned order dated 24th of February, 1988.

(3.) IN view of the above conclusion on question No. 1, the case has to be remanded back to the first appellate Court to decide the appeal afresh after considering the evidence of both the parties, therefore, it is not necessary to decide the remaining substantial questions of law formulated in the present case.