- (1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 01.03.2006 passed by Additional District Judge No.1, Bhilwara, whereby, the judgment and decree dated 28.04.2004 passed by Additional Civil Judge (Senior Division), Bhilwara has been partly allowed and the judgment and decree passed by the trial court has been modified.
(2.) The facts in brief may be noticed thus: the appellantplaintiffs filed a suit seeking permanent injunction against the respondent from demolishing the windows, which were overlooking the property of the respondent. It was, inter alia, claimed that plaintiffs have right of easement, whereby, they were getting light and air from the said windows, which were six in number alongwith six ventilators.
(3.) A written statement was filed by the respondent, inter alia, questioning the plea sought to be raised by the appellants. It was, inter alia, stated that an agreement was executed between the parties in the year 1971 and the appellants were bound to follow the said agreement and are not entitled to keep the windows and ventilators, which are beyond the said agreement.;