1. - This second appeal by the plaintiff-appellants has been filed against the judgment and decree dated 23.9.2008 passed by the Addl. Distt. Judge No. 3, Jaipur City in Civil First Appeal No. 38/2005 whereby the appeal filed by the present plaintiff-appellants against the judgment and decree dated 12.9.2005 passed by the Additional Civil Judge (Junior Division), Jaipur City in Civil Suit No. 209/2003 for declaration and permanent injunction with regard to the right of easement has been dismissed.

2. Briefly stated the facts of the case are that the plaintiff-appellants filed a civil suit for declaration of the easementary right for getting the light and air on account of the accrual of the easementaiy right for getting the same through ventilators, windows and doors of the appellant's house since 1973 situated towards the eastern side which has been infringed by the defendants by construction of garage portion of the three stories towards the common wall and for infringement of the same, further claimed injunction for demolition of the disputed portion with the averment in the plaint that the plaintiffs are the owner of Plot No. B-148-A, Anandpuri, Adarsh Nagar, Jaipur, th