( 1 ) THESE two appeals are against decree made by Mitter, J. , in favour of the respondent, Rashid Allidina, who had brought a suit for a declaration that he is entitled to a right of easement of light and air through certain windows on his premises No. 17 Ezra Street; and for an injunction restraining the two defendants from interfering with the right of easement. The two defendants were the Trustees for the Improvement of Calcutta and Jivandas Khimji. Trustees for the Improvement of Calcutta have preferred the appeal which has been numbered 125 of 1955. The other appeal which is No. 124 of 1955 was by the other defendant. 16 Ezra Street which was acquired in accordance with the provisions of Section 16 of the Land Acquisition Act lies to the east and south of the plaintiff's premises. The real question in this case is the question of law which we have had to consider in the other appeal decided this day, namely Appeal No. 80 of 1954. That question is whether the omission by the Land Acquisition Collector to award any amount as compensation in respect of easement claimed by the plaintiff, Rashid Allidina, after he had considered the matter and come to the