DWARKA PRASAD Vs. BISHAMBHAR DAYAL

JUDGEMENT

(1.) The parties to this appeal are neighbours. The defendants house is to the south of the plaintiff's house. On the first floor of the plaintiff's house there is a room in which there are many doors and there is a window towards the south of that room. Close to this window the defendants have made certain constructions by which the lower portion of the window to the extent of about 9 inches has been blocked. The defendants also intend to make some other constructions above the construction just referred to.

(2.) The suit giving rise to this appeal was filed by the plaintiff-respondent mainly on the allegation that the constructions made by the defendants interfered with the enjoyment of light and air through the window in the southern wall of the plaintiff's house and as such, the plaintiff was entitled to a decree for demolition of the said constructions. It was further alleged by the plaintiff that, if the defendants were allowed to make some other constructions above the constructions sought to be demolished, the plaintiff's right of easement will be prejudicially affected and, as such, the plaintiff prayed for a perpetual injunction restraining the defendants from making any further constructions calculated to block the window in the plaintiff's room.

(3.) The defence to the suit was that the room on the first floor of the plaintiff's house was built less than 20 years prior to the institution of the suit and, as such, the plaintiff had not acquired a right of easement with respect to light and air as alleged by him, and that the constructions complained of did not materially interfere with the right of easement alleged by the plaintiff.