( 1 ) THIS appeal by the defendant is directed against the judgment and decree dated 19- 2-1973 passed by the II Addl. Civil judge, Bangalore in RA No. 35/70, on his file, allowing the appeal of the plaintiff on reversing the judgment and decree dated 31-3-1970 passed by the II Addl. First munsiff, Bangalore in OS No. 489/64 on his file, dismissing the suit of the plaintiff for injunction.

( 2 ) IT is the case of the plaintiff that he is the owner of the premises known as AH buildings bearing No. 840, old Taluk cutcherry Road, Nagarthpet and 112 chowdeswari Temple Street, and defendant is the owner of the premises adjoining his premises bearing No. 113 and 114, Old taluk Cutcherry Road. There are two windows of the size of 36" x 56" on the upstairs of the plaintiff's building through which the light and air passes to the pro. perty of the plaintiff. These windows and ventilator have been according to the plaintiff in existence for over 50 years and the plaintiff has been in enjoyment of the light and air coming through them and it is undisturbed during all this period. Thus the plaintiff has acquired easementary right to the light and air through the windows and v