Hon’ble Harsh Kumar, J.—This appeal under Section 96 of C.P.C. has been filed against the judgment and decree dated 24.2.2000 passed by Additional Civil Judge (S.D.), Bhadohi at Gyanpur (District Sant Ravidas Nagar) in Civil Suit No. 131 of 1994, decreeing the suit with costs and passing a decree of declaration to the effect that plaintiff has an easmentary right over the disputed Gali in suit and for prohibitory permanent injunction for restraining the defendant from damaging or demolishing the Nali shown by letters [k] p] N] x in plaint map or obstructing the flow of water through the Nali as well as from closing the ventilators and windows and drain pipes or obstructing the use of air and light to the plaintiff’s house through above windows and ventilators.

2. The brief facts relating to the appeal are that plaintiff Pyare Mohan filed Civil Suit No. 131 of 1994 on 17.10.1994 with the allegation that the house shown by letters d] [k] x] ?k in plaint map originaly belonged to Beni Ram and was inherited by Jwala Prasad, who executed a registered will on 13.11.1980 in favour of plaintiff and his brother; that the above house is triple storied house and several ventilato