1. This second civil appeal is directed against a judgment and decree passed by District Judge, Udhampur on 17-05-1995. The impugned judgment and decree has reversed the judgment and decree of Munsiff (District Mobile Magistrate) Udhampur passed on 22-11 -1989.

2. The facts in brief are that the predecessor-in-interest of the appellant filed a suit for permanent injunction restraining the predecessor-in-interest of respondent (Krishan Dass) from interfering into 8 feet wide common lane existing between the houses of the parties and from raising any construction on this lane, so as to deprive them of their right to light, air and

passage of water.

Similarly a relief was prayed against the defendant restraining him from dumping his Malba in the lane. Suit was filed on 16-11 -1979. In the written statement the defendant denied existence of any lane. The factum of existence of any pipeline through that lane was also denied. The trial court on the pleadings of the parties framed following issues:-

1. Whether in-between the houses of the plaintiff and the defendant a public lane 8 wide exists ?

2. On proof of issue No. 1 whether the plaintiff has any easementary right of light, air and wate

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