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2008 Supreme(Ori) 1149

A.K.PARICHHA
SARAT KUMAR PANDA – Appellant
Versus
RAGHUNATH PATHI SASTRL – Respondent


JUDGMENT :

A.K. Parichha, J. - Both the appeals arise out of a common judgment passed by the learned 1st Additional District Judge, Cuttack in Title Appeal Nos. 61 of 1987 and 62 of 1987 confirming the decree passed by the learned Civil Judge (Junior Division) 1st Court, Cuttack in T.S. No. 110 of 1980.

2. The original Plaintiff, Smt. Satyabhama Debi, W/o. Raghunath Pathi Sastri filed the above noted suit with the pleading that she purchased the land bearing plot No. 1280 at Chandinchowk along with a single storied building standing thereon in the year 1958 and after purchase, added two more stories to that building and through the doors and windows on the eastern side wall of that house, enjoyed free flow of light and air for more than 20 years, thus perfecting her right of easement in that regard. She pleaded that plot No. 1281 lies to the east of her land having and area of Ac.0.031 dec. and Defendant purchased Ac.0.016 dec. out of the prior adjoining to the Plaintiff's land on 14.4.1970 and thereafter started construction on that land. Since such construction obstructed free flow of light and air to the house of the Plaintiff through the windows and doors on the eastern wall, she















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