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1916 Supreme(Mad) 172

J.WALLIS, PHILLIPS
Ranga Row – Appellant
Versus
Ramathilakama – Respondent


JUDGMENT

1. This is a suit for a declaration that the plaintiff is entitled to an easement of light and air and for an injunction restraining the defendants from interfering, in certain respects, with the enjoyment by the plaintiff of her house and window. The facts as found by the learned Judge (and we see no reason to differ from his conclusions) are as follows: The plaintiffs house adjoins the defendants house to the north and in the plaintiffs southern wall there is a window, which, has been in existence for nearly 30 years. The defendants have recently re-built the portion of their house opposite to this window, with the result that the eaves of the roof are now above the level of the plaintiffs window sill and the shutters of the plaintiffs window which open outwards cannot now be shut and opened as usual, because the defendants roof obstructs their movement. The defendants have also constructed a channel to catch the rain water from their roof, which runs on the same level as the plaintiffs window sill and encroaches on plaintiffs wall and finally discharges into the plaintiffs courtyard. The water from this channel also overflows at times through the window into the plaintif






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