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2004 Supreme(AP) 230

P.S.NARAYANA
Samdani Begum – Appellant
Versus
Mir Mohd. Khan – Respondent


P. S. NARAYANA, J.

( 1 ) SMT. SAMADANI Begum, the unsuccessful defendant in both the Courts below had preferred the present Second Appeal under Section 100 of the Code of Civil procedure as against the successful plaintiff Dil Mohammed Khan. The said plaintiff filed a suit O. S. No. 1191/89 on the file of XII Assistant judge-cum-Principal Rent Controller, Hyderabad originally praying for declaration that he is entitled to easementary rights of air and light from the ventilators shown in red colour in the plan attached and marked as A, B and C which are in existence in the Southern wall of the plaintiff s house bearing no. 16-6-686, Osmanpura outside Darwaza, Chaderghat, Hyderabad and for perpetual injunction restraining the defendant, her men, agents and supporters from making any kind of construction adjacent to the Southern wall of the plaintiff s house bearing No. 16-6-686, as fully described in the schedule, affecting the easementary rights of air and light in any way from the said house at Osmanpura, hyderabad and subsequent thereto by virtue of an order passed on 1-11-1995 in i. A. No. 35/95, para 4 (a) was added and also the relief of mandatory injunction was prayed for direc











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