JUDGMENT

Chakravarti, J. - This appeal was filed by the plaintiff but he died during the pendency of the appeal in this Court. Thereupon his wife was substituted. The suit was one for a mandatory injunction requiring the defendant to remove a wall raised by him in so far as it obstructed two windows on the northern wall of the upper storey of the plaintiff's two-storied house and also for an injunction restraining him from interfering with the access of air and light through the windows aforesaid. The plaintiff's case was that he had constructed the building in the Bengali year 1307 and the windows concerned had been built at the same time. Since then he or his tenants had been in enjoyment of light and air through the windows. The land to the north of the building was formerly vacant but defendant 1 purchased it in the name of defendant 2, who is his son, about 2 or 3 years ago and built a one-storied house the roof of which is about 2 cubits below the sill of the disputed windows. Recently, however, it was alleged, the defendant had done something more. He had raised a wall about 5 cubits in height on the southern extremity on the roof of his house and the result had been to obstr