VENKATRAMA SASTRY, J.

( 1 ) DEFENDANT is the appellant in this L. P. A. Which is preferred against the judgment of our learned brother Ramachandra Rao, J. , in Second Appeal No. 368 of 1970, wherein leave was granted.

( 2 ) THE facts giving rise to this litigation are stated below ; The respondent is the owner of house bearing No. 5/122 situated in the main road, 5th ward of Rajahmundry Municipality. The appellant defendant is the owner of the house bearing door No. 5/123 and it adjoins the plaintiffs house on the north. The terraced house of the defendant was constructed in about 1958. In 1959 when the defendant attempted to raise walls with a view to construct a first-floor on the said house, the plaintiff gave him a notice on 28-9-1959 raising an objection to the effect that the proposed construction would block the free flow of air and light through the only ventilators facing north to the house of the plaintiff, marked in red lines in the rough plan. According to the plaintiffs case the defendant stopped construction obstructs the free flow of light and air through the two ventilators the plaintiff stated that it would work hardship and irreparable damage to him. He therefore

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