B. K. SOMASEKHARA, J.

( 1 ) HAVING heard both sides, this appeal has to be admitted to dispose of the following questions of law: (1) Whether there is right of privacy in India? (2) Whether the plaintiffs in O. S. No. 158 of 1986 (who are the respondents herein) have pleaded customary right of privacy with reference to Illustration (b) of Section 18 of the Indian Easements Act, 1882 (Act V of 1882) and, if so whether they have proved the same? (3) Whether the Courts below were right in accepting the right of privacy pleaded by the plaintiffs in regard to the opening of the window by the defendant (appellant herein) in the southern wall of his building? (4) Whether the judgment and decree of the Court below in upholding the right of privacy of the plaintiffs is legal? (5) Whether the Judgments and decrees of the Courts below deserve to be confirmed or set aside?

( 2 ) THE respondents herein are the plaintiffs and the appellant is the defendant in O. S. No. 158 of 1986 on the file of I Additional District Munsif, Ongole. The plaintiffs filed the suit for mandatory injunction to remove the skeleton window in the southern wall of the building of the defendant and for permanent injunction

Click Here to Read the rest of this document