DAKHAN BAI AND MST ANANDI BAI Vs. DHANRAJ

JUDGEMENT

(1.) BOTH these cross appeals arise out of the same case and therefore they are disposed of together.

(2.) THE facts giving rise to them are that the houses of both the parties are situated in a locality called Talav-Para in Bar. an. The backs of both the houses are adjacent to each other. In between the backs of the two houses, there is a small lane which is 1' 6" wide at the northern end and 1' 6 1/2" wide at the southern end. The plaintiff's house faces east, while the defendant's house faces west.

(3.) THE plaintiff's case was that in the second storey of his house there were 3 windows and 4 ventilators, and in the third storey there were 3 windows and one ventilator opening towards west, i. e. the defendant's house, that he was receiving light and air from the said windows and ventilators for more than 20 years and that the defendant on his side had started constructions which would almost close the said windows and ventilators and deprive him of the air and light which he was receiving upto that time. It was further averred that he had some drains falling towards the lane which exclusively belonged to him and these drains were also likely to be closed by the defendant's constructions. It was also alleged that the defendant had made an encroachment upon the plaintiffs lane to a certain extent and therefore, it was prayed that (1) the defendant should be ordered to remove the encroachment on the lane, and (2) that an injunction should be issued to him and he should be restrained from making constructions so that the plaintiff's right to receive free air and light from the windows and ventilators may not be obstructed.