PAUL Vs. ROBSON

JUDGEMENT

(1.) This appeal, arises out of a suit in which the plaintiffs allege interference with the access of light and air to the windows of premises known as No. 7, Esplanade East in the town of Calcutta, and claim relief by way of injunction and damages.

(2.) This interference is said to have been occasioned by the erection of a five-storied building on the site of No. 8, Esplanade East, where there had previously stood, in the front part, a one-storied building, and, in the back part, a two-storied building. Nos. 7 and 8 Esplanade Road have a southern aspect and face the maidan, No. 8 being to the East of No. 7.

(3.) The plaintiffs have successive life, interests in No. 7 under a marriage settlement, of which the fifth defendant, Mr. McNair, is one of the trustees, and he is made a defendant, because he declined to join as a plaintiff. The first four defendants are members of a well known firm of builders and architects, who carry on business under the name and style of Mackintosh Burn & Co.: they are the owners of No. 8, Esplanade East, and have erected the building of which complaint is made. The windows alleged to have been darkened are admittedly ancient, and it is not disputed that the plaintiffs have an easement for the access of light and air to them.