V S MUTHUKRISHNA AIYAR Vs. SOMALINGAMUNI NAGENDRIEN

JUDGEMENT

(1.) The plaintiff and defendants are occupants of neighbouring houses. The suit is for a mandatory injunction that the defendants do pull down the tiled building recently erected by them on a vacant portion of their premises which, according to the plaintiff, blocked up the passage of light and air passing through four windows on his wall.

(2.) The defendants deny the plaintiff s right to the passage of light and air through all the windows and his right to the mandatory injunction claimed.

(3.) The District Munsif found that the plaintiff s right to the passage of light through the four windows was established, but, curiously enough, he held that the plaintiff was not entitled to the passage of air through them. He said : "I do not think that this tiled portion has inconvenienced the plaintiff by making his house ill-ventilated, although it has darkened it." He refused, to grant the mandatory injunction asked for and ordered that] "the defendants do open in the roof in the tiled building * * * 4 sky lights * * * 2 ft. long and 1 1/2 ft. broad against the windows 1 to 4, so as to allow enough quantity of light to fall into the plaintiff s house through the said windows."