B S AMMANI AMMAL Vs. TSRANGANAYAKI AMMAL

JUDGEMENT

(1.) The plaintiff's suit is for a permanent injunction restraining the defendant from interfering with the right of easement to light and air through four openings. The City Civil Judge decreed the plaintiff's suit. On appeal Mr. Justice Phillips has reversed the decree of the City Civil Judge and dismissed the plaintiff's suit. The plaintiff has preferred this Letters Patent Appeal.

(2.) The plaintiff's case is that her house, No. 135, Govindappa Naick Street, George Town, has three windows on the southern wall and an aperture over the southern wall through which light and air came into her court-yard. The windows are Nos. 1, 3 and 4 and the aperture is No. 2 and the windows and aperture have been; in existence for over 20 years and she has acquired an easement for light and air through them and the defendant, the owner of No. 136, is building flush with the southern wall and thereby threatens to interfere with her easement right.

(3.) The defence is that the windows were put up and the aperture came into existence only ten years ago and the plaintiff has not acquired a right to have free access of light and air to her house through the windows and the aperture. The City Civil Judge alter a careful consideration of the evidence and the inspection of the plaintiff's house came to the conclusion that the windows and the aperture had been in existence for more than 20 years and that the plaintiff had acquired a right to have free access of light and air through them.