AIR 1990 KARNATAKA 236 ::ILR 1989 Kant 3104

Karnataka High Court

Hon'ble Judge(s): D. P. Hiremath , J

(A) Easements Act (5 of 1882) , S.7, S.33— Right of light and air - Right to vertical light and air is recognised - However, as far as obstruction to light and air coming to his property laterally a person cannot complain. Easementary rights - Right of light and air. As regards right of light and air is concerned, the right to vertical light and air is recognised but there is no question of person having a right of light and air coming to his property laterally. Therefore, where the staircase constructed by the defendant only passes in front of the window of bed room belonging to the plaintiff and there was ample space between plaintiff's window and the staircase, the grievance of the plaintiff that because privacy in his bed room was affected he was compelled to close the shutters of the only window to this bed room which resulted in obstruction to free passage of light and air, could not be accepted. The plaintiff neither pleaded obstruction of free passage to natural light and air nor obstruction to any easementary right of light and air which is not his case that he has acquired. And unless easementary rights to light and air are obstructed the adjacent owner has a right to put up his own wall at the boundary of his property and the owner of the other adjacent property can have no grievance against the same. At any rate there is no questio....