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1951 Supreme(Cal) 170

HARRIES, DAS
NANDALAL LADIA – Appellant
Versus
PROVUDAYAL TIKRIWALLA – Respondent


Advocates Appeared:
BHOLANATH ROY, HEMENDRA CHANDRA SEN, JNANENDRA NATH BAKSHI, PURUSHOTHAM CHATTERJI, Sachindra Chandra Das Gupta

DAS, J.

( 1 ) THIS is an appeal by the plffs. against a judgment of the learned Dist. J. Howrah dismissing the plffs'. appeal and the deft, l's cross-objection to that Court.

( 2 ) THE plffs. instituted the present suit for a permanent injunction restraining the deft. 1 from proceeding with the construction by the deft, on his land and for a mandatory injunction requiring the deft, to pull down certain construction already made. The ground on which the plffs. claimed a perpetual and mandatory injunction was that there has been interference with the plffs'. right to light and air by reason of the constructions made by the deft. It was also alleged that there was a breach of the municipal rules and byelaws which entitled the plffs. to require the deft, not to proceed with the construction of the building. The plffs. and defts. are adjoining owners. The trial court gave the plffs. a modified decree. Against the decree of the trial court both parties appealed. The lower appellate court has maintained the decree of the trial court. The plffs. have therefore preferred an appeal to this Court. There is a cross-objection by the deft. 1 in so far as the decrees of the courts below directe














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