( 1 ) THIS appeal by the defendant is directed against the judgment and decree dated 4-1 1974 passed by the II Addl. Civil judge, Belgaum in RA No. 195/71 on his file, dismissing the appeal on confirming the judgment and decree dated 1-4-1971 passed by the II Addl. Munsiff, Belgaum in OS No. 96/69 on his file decreeing the suit of the plaintiff as prayed for.

( 2 ) THE plaintiff filed a suit for permanent injunction restraining the defendant from causing obstruction to the flow and access of air and light from the open site in CTS No. 1779/a- B situated at Kelkar bagh, Belgaum into six windows in the western wall of plaintiff's house, CTS No. 1767/a situated at Kirloskar Road, Belgaum. The defendant was attempting to construct a building on the said open site in CTS No. 1779/a B, so as to cause obstruction to the flow and access of air and light to the bouse of the plaintiff. The plaintiff is the owner of the house CTS no. 1767/a at Kirloskar Road, Belgaum and she is residing in it. There are two windows in the western side wall in the ground floor and 4 windows in the western wall of the first floor of the plaintiff's house. These windows are in existence ever si