Judgement

Appeal from a judgment and decree of the High Court; (August 1, 1911) affirming a judgment and decree of that Court in its ordinary original jurisdiction (March 29, 1911).

The suit was brought by the appellants claiming an injunction or damages for an alleged interference with their rights to access of light and air in respect of a freehold house and premises known as 7, Esplanade East, in Calcutta. The house, of which the plaintiffs were life tenants, had been used as business premises in its two lower floors, and the top floor as a residential flat. It was admitted that the appellants had acquired by pre scription rights to air and light in respect of the windows on the east side of the house, and it was alleged by them that those rights were interfered with by a new building which the respondents were erecting.

The trial took place before Stephen J. and lasted from February 9, 1911, until March 16, 1911, much evidence being adduced upon either side. On March 29, 1911, the learned judge delivered judgment dismissing the suit. He found that the light coming to the appellants premises from the east had been obstructed by the respondents new building, but that, as far as t