AIR 1963 RAJASTHAN 184 ::1963 RajLW 268 ::ILR (1963) 13 Raj 676

Rajasthan High Court

Hon'ble Judge(s): D. M. Bhandari , J

Easements Act (5 of 1882) , S.7— Right to light and air of an owner of land - Extent of - Right of adjoining owner to build on his own land - Extent of - Plaintiff opening new windows - Defendant building wall on land not belonging to him - Dimunition of light and air coming through new windows - Suit for demolition of construction and permanent injunction - Maintainability. The plaintiff opened two windows in his shop towards the south. The defendants erected a wall adjacent to the southern wall of the plaintiff's shop and closed the two windows. The plaintiff, therefore, filed a suit for demolition of the wall erected by the defendants and for a permanent injunction restraining the defendants from dosing the windows. The facts established by the evidence were that the plaintiff had not acquired any right of easement by prescription in respect of the two windows, that the land on which the defendant had erected the wall was the property of the State being a public lane and that there was some dimunition of air available to the shop on account of such closure of windows : Held (i) that in the circumstances the plaintiff had a right to maintain the suit for demolition of the construction raised by the defendant and that the suit should be decreed.(Para 4) (ii) that the question to be considered in such cases is no....