B.L.Yadav, J.

1. This is defendants Second Appeal filed under Sec. 100 of the Civil Procedure Code (for short "the Code") in a suit filed by the plaintiff-respondents, praying therein that it be declared and decreed that the defendants have got no right to close the windows and ventilators and other openings in the north-eastern wall of the plaintiffs house and the defendants be further restrained from causing diminution in the light and air, to which the plaintiffs are entitled. The plaintiffs have been enjoying the same right for the last more than 12 years. The relief further was for removal of the wall or any other structure made by the defendants adjacent to the wall of the house of the plaintiffs.

2. The plaintiffs-respondents brought this suit with the averment that their grand father has purchased Holding No. 32 in Ward No. 2 in Mohalla Chowk Road under a registered deed of sale dated 19.5.1921 executed by Ram Charan Lal alias Bachu Babu who was the common ancestor of the defendants in favour of Godulal Jain, grand-father of the plaintiffs, who have raised three storeyed building. They have opened windows at the height of 10 ft. This was consistent with the convenan