This is a plaintiff' appeal arising out of a suit for a perpetual injunction to prohibit the defendant from constructing the projection (Chajja) from his house over the lane in accordance with the sanction alleged to have been obtained by him from the Municipal Board, Sambhal. The plaintiff came to the Court on the ground that his easementary right to get light and air into his house, would be curtailed by the proposed construction. The second ground on which he sought the injunction was that the street over which the defendants intended to make the construction was only about five feet wide and the bye-laws of the Municipal Board prohibited the making of any projection over such a lane. The lane runs between the houses of the plaintiff and the defendants.

2. The defendants contested the suit on the ground that the construction of the projection was not likely to affect the plaintiff' right to set light and air, and that the sanction obtained from the Municipal Board was valid and legal.

3. The trial Court held that the plaintiff' house had an open Chabutra and the construction of the Chhajja was not likely to affect the plaintiff' right of getting sufficient light and ai