BERI, J.—Defendant Bherulal has preferred this appeal against the judgment and decree dated the 13th October, 1960 passed by the Civil Judge, Udaipur in a suit for injunction.

2. The facts giving rise to this litigation are unusual. Bherualal after obtaining the permission of the City Corporation, Udaipur opened a window and put in five spouts over a lane situate in the locality known as Khemsara-ka-Timba, Udaipur. Five persons residing in the said locality instituted a suit principally against Bheru Lal and the Udaipur City Corporation on the ground that the plaintiffs have been using the lane in question for easing themselves and on account of the opening of the window by the defendant Bherulal towards this lane it will prejudice their privacy in the exercise of their right of easing themselves in the lane. Bherulal and the City Corporation, Udaipur resisted the suit inter alia on the grounds that the act of the plaintiffs was a public nuisance in which no right of easement could arise and that Bherulal had constructed the said window and the spouts after obtaining the necessary permission from the City Corporation. The Munsiff, who tried the suit, ordered that Bherulal may place

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