RANGA ROW Vs. RAMATHILAKAMA

JUDGEMENT

(1.) This is a suit for a declaration that the plaintiff is entitled to an easement of light and air and for an injunction restraining the defendants from interfering, in certain respects, with the enjoyment by the plaintiff of her house and window. The facts as found by the learned Judge (and we see no reason to differ from his conclusions) are as follows: The plaintiff s house adjoins the defendants house to the north and in the plaintiff s southern wall there is a window, which, has been in existence for nearly 30 years. The defendants have recently re-built the portion of their house opposite to this window, with the result that the eaves of the roof are now above the level of the plaintiff s window sill and the shutters of the plaintiff s window which open outwards cannot now be shut and opened as usual, because the defendants roof obstructs their movement. The defendants have also constructed a channel to catch the rain water from their roof, which runs on the same level as the plaintiff s window sill and encroaches on plaintiff s wall and finally discharges into the plaintiff s courtyard. The water from this channel also overflows at times through the window into the plaintiff s bedroom. In the room opposite the plaintiff s window the defendants have constructed two chimneys, one If feet and one 5 or 6 feet from the window and the smoke from them goes into the plaintiff s room. The learned Judge has accordingly granted the declaration prayed for and an injunction ordering the defendants.

(2.) (a) to remove the two chimneys opposite to the said window and adjacent to it;

(3.) (b) to lower the roof of the house and ground No. 8, Ramanuja Iyer Street, George Town, Madras, opposite to the said window so as to enable the plaintiff to open and close the window doors freely to the width of the said window by one foot;