Hemant Gupta, J. - (1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for mandatory injunction directing the defendant to remove the wall illegally constructed in front of the two ventilators in the two shops, was decreed.
(2.) THE plaintiff -respondent purchased the shops in dispute vide two separate registered sale deeds, dated 17.4.1972 from one Ashok Kumar. It is the case of the appellant that there are ventilators in both the shops in existence for the last more than 60 -70 years, whereas the defendant has raised construction of. a wall so as to obstruct the light and air to the shops purchased by the plaintiff through the said ventilators. Therefore, the plaintiff has acquired easementary right to light and air by prescription and thus, has a right to use ventilators and that the defendant be directed to remove the wall constructed by him. In reply the defendant denied the ownership of the plaintiff and the fact that the said building is more than 60 years old. Even the sale deed executed by Ashok Kumar was said to be forged and fabricated document. The defendant denied that there existed any ventilators as alleged by the plaintiff.
(3.) THE plaintiff examined Amarjit Singh photographer as PW1; draftsman Ram Murti Chauhan as PW2, who has prepared the site plan Exhibit P6; PW3 Dharam Pal, who has prepared site plan Exhibit P8; PW4 Lehmbar Ram, attorney of the plaintiff and PW5 Tarlok Nath, an independent witness. On the other hand, the defendant examined DW1 Vijay Pal and Architect and himself appeared as DW2.;