D.K.Seth, J. - (1.) Leave is granted to convert the petition into one under Article 227 of the Constitution of India.
(2.) The order dated 17th August,, 1999 passed by the learned Additional District XVth Court. Ghaziabad in Civil Misc. Appeal No. 40 of 1999 reversing the order dated 26th February. 1999 passed by learned Civil Judge (Senior Division), Ghaziabad in Original Suit No. 1504 of 1998 has since been challenged. Mr. Rakesh Tiwari had drawn my attention to the order passed by the appellate court, where it has been observed that by virtue of sale deed, the defendants were granted right of easement for flowing of drain water or rain water through the disputed property and for opening of the window. Therefore, by reason of such transfer with easement over the disputed property in favour of the transferee, the defendant plaintiff has no possession in respect of the said property and, therefore, the order of the learned trial court granting Injunction has since been reversed.
(3.) Mr. V. K. Jaiswal. learned counsel for the opposite parties on the other hand contends that the plaintiff has no right to interfere with the enjoyment of the defendants over the property with regard to their easement rights for opening windows and flowing their drain or rain waters.;