The defendant in O.S. No. 469 of 1989 on the file of the XV Assistant Judge, City Civil Court, Chennai, who had lost before the two courts below is the appellant in this Second Appeal. This Second Appeal is directed against the judgment and decree of the learned principal Judge, City Civil Court, Chennai dated 30.11.1992 made in A.S. No. 152 of 1992.

2. At the time of admission the following substantial question of law was framed for consideration:

“Whether the Appellate Court is entitled to grant the relief of declaration of the right of easement of light and air to the respondent without any proof of acquisition of easementary right of light and air under Section 15 of the Indian Easements Act, 1882?”.

Apart from the said question of law, the learned counsel for the appellant raised various other contentions which are all substantial questions according to him and submitted detailed arguments.

3. It is the attempt on the part of the learned counsel for the appellant to persuade this Court to interfere with the findings of the two courts below as according to the learned counsel the two Courts below have failed to consider the advert material portion of the evidence, their