Hon’ble Prafulla C. Pant, J.

This Second Appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 18.07.2012, passed by Additional District Judge, Almora, in Civil Appeal No. 10 of 2006, whereby said court has affirmed the judgment and decree passed by the trial court (Civil Judge (Junior Division), Almora), in Suit No. 14 of 1998.

2. Heard learned counsel for the parties, and perused the lower court record.

3. Brief facts of the case giving rise to this appeal are that plaintiff/respondent No.1 Govind Singh filed a suit No. 14 of 1998, initially for injunction against the defendants claiming easementary right of access and use of light and air over the property of the defendants. It is pleaded in the plaint that the plaintiff purchased a land measuring 9 Mutthi of Plot No. 2781 from one Nath Singh Jeena in Mohalla Khatyadi of Almora, through sale deed dated 21.05.1973, and constructed his house in the year 1974. It is further pleaded that adjoining to said land, plot No. 2779 belonging to defendant No.1 Asha Devi is situated, in which she has started construction of her house, which she wants to make a double s