BAI KUVARBAI Vs. JAMSHEDJI RUSTAMJI DARUVALLA

JUDGEMENT

(1.) This suit was filed by the plaintiffs for a mandatory injunction directing the defendants to remove the screen erected by them against certain jalis and windows in the western wall of the plaintiffs house and to the west of the terrace on the second storey and for a permanent injunction restraining them from obstructing the passage of light and air to the jalis, windows and terrace in future.

(2.) The lower Courts have held that the plaintiffs are entitled to a mandatory injunction for removing the screen except as to the terrace, and that they are not entitled to a permanent injunction restraining the defendants from obstructing the passage of light and air to the jalis and windows.

(3.) The appeal has been preferred by the defendants against the mandatory injunction, and cross-objections have been preferred by the plaintiffs on the ground that a permanent injunction should have been granted. The claim for permanent injunction has not been pressed, and is clearly untenable in the circumstances as they exist at present.