AIR 1957 MADHYA PRADESH 203 ::1957 LabLJ 638 ::1957 MPLJ 419 ::ILR (1957) MP 106

Madhya Pradesh High Court

Hon'ble Judge(s): Chaturvedi , J

(A) Civil P.C. (5 of 1908) , S.100, S.101— Easement of eaves-droppings - Finding of fact - Binding in second appeal. Easements Act (5 of 1882) , S.28— Whether there was an easement of dropping water from the eaves on the defendants' land or not is a question of fact and the finding given by the lower appellate Court in this respect is binding on the High Court sitting in second appeal.(Para 3) Anno : AIR Com., C. P. C., Ss. 100 and 101, N. 2. 28, 52; AIR Man., Easements Act, S. 28, N. 1. (B) Easements Act (5 of 1882) , S.23, S.43— Right of eaves-droppings - Increase in height of eaves - Effect - Question of burden of servient tenement - Duty of Court. The right of eaves-droppings will not be lost by raising the house. The occupiers of a house who has a right to have the rain fall from the eaves of it upon another man's land cannot by spouts discharge it upon such land in a body. Where a person has a right of dropping water of the eaves of his 1½ storeyed roof and subsequently the height is raised the Court has to make up its mind whether it is a case of mere increase in the height of the eaves, or whether there is something, besides the height, which may contribute to constitute additional burden on the servient ....