JUDGMENT :

J.K. Mohanty, J. - Plaintiff is the Appellant in both these appeal. The Plaintiff had filed a suit claiming right of easement for removal of encroachment made by the Defendant, for permanent injunction restraining the Defendant from constructing any structure over the schedule 'A' land within 5' from his southern wall in holding No. 109 and also for restraining the Defendant not to obstruct his windows, ventilators and exhaust fans so as to interfere with his right to light and air. The Plaintiff has a four-storied building at Marwari Pada in Sambalpur town bearing holding No. 109 by the side of the Defendant 'E' land described in schedule 'A' to the plaint. The Plaintiff has 14 windows, ventilators and exhaust fans facing the schedule 'A' land of the Defendant and through these the Plaintiff is enjoying light and air since long and has acquired the right of easement. The Defendant had a temporary shed of 15' dimension in the western corner of the schedule 'A' land. The rest of the land was vacant. The Defendant started constructing a residential building covering the entire area in violation of the provisions of Orissa Municipal Act and Rules without leaving a set back o