G. K. MISRA, C. J.

( 1 ) PLAINTIFFS and the defendant are adjacent neighbours. By two separate sale deeds, plaintiffs purchased 0. 170 acre of land from one Sidheswar Sahu out of c. S. Plot No. 2283 in C. S. Khata No. 59 on 11-2-45. In the very year, plaintiffs constructed their residential houses on the land and continued to reside therein. Defendant purchased 0. 170 acre of land from one Atul Ghose by a registered sale deed dated 12-4-45 from the very plot 2283. He, for the first time, started construction on his land in 1960. He did not leave a space of 15 feet as required under the Orissa Municipal Rules, 1953 (hereinafter to be referred to as the Rules) towards the plaintiff's side he made construction by leaving a space of 1 to 2 feet and by the date of the suit he was proceeding with the construction of his kitchen and latrine in close proximity to the plaintiff's houses. By the aforesaid illegal act, light and air to the houses of the plaintiffs were obstructed and their privacy was affected. Despite repeated requests from the plaintiffs the defendant did not desist in prosecution of the illegal act Plaintiffs made the last request on 20th of february, 1961. As it was not