ORDER

This appeal by special leave arises from the judgment of the learned single Judge of the Allahabad High Court made on 26.10.1979 in Civil Appeal No. 68/71.

2. The appellant filed the suit for perpetual injunction restraining the respondent from raising a construction except the Chabutra in the north after leaving a 3 feet passage and from opening windows, door ventilators, parnalas towards the north, south and east of the plaintiff s property by raising any construction in the passage. The appellant relies upon the agreement dated June 26, 1964 executed by the respondent as foundation for the aforesaid rights. He also sought alternative relief on the basis thereof that if any construction is made in violation of the said agreement, there shall be given mandatory injunction to demolish the same at the instance of the defendant and to close the doors, windows, ventilators etc. at his cost. The trial Court dismissed the suit. But on appeal, the appellate Court reversed the decree of the District Munsif, Kashipur of his judgment & decree dated May 10, 1971 and decreed the suit only in respect of item Nos. 1 and 2 holding that the agreement did not required registration. The High Co