AIR 2015 CALCUTTA 37 ::(2015) 3 CivLJ 884 ::(2015) 1 Cal LJ 581 ::(2015) 4 Cal HN 293 ::(2015) 1 CalLT 245 ::(2015) 150 AllIndCas 445 (CAL)

Calcutta High Court

Hon'ble Judge(s): I. P. Mukerji , J

(A) Easements Act (5 of 1882) , S.1— Applicability of Act - Act is not applicable in State of West Bengal. (Para 29) (B) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Infringement of easementary right to light - Claim for injunction - Dominant owner enjoying use of ancient light uniterruptedly for 20 years - Servient owner willing to construct new building - Such construction will affect dominant owner's access to ancient light partially on western side - Diminution of light not being substantial, damages would be adequate remedy - Injunction cannot be granted. 2007 (4) All ER 48; (2014) UKSC 13, Relied on. (Para 46 61 64) (C) Torts Easementary rights - Supersession of - Servient owner acquiring permission from Municipal Authority for construction of building - Such construction detrimental to dominant owner's exercise of easementary rights to light - Dominant owner held entitled to damages - Sanction of building plan by municipal authority cannot be said to be in supersession of easementary rights.84 CWN 624; AIR 1959 MP 240; 1995 (2) All FR 697; (2014) UKSC 13; 1932 AC 562, Relied on. (Para....