Prakash Tatia, J. - (1.) HEARD learned Counsel for the appellant.
(2.) THE appellant/defendant is aggrieved against the concurrent findings of fact recorded by two courts below in the judgments dated 20.05.2000 and 13.10.2004 passed by the trial Court and First Appellate Court respectively. The plaintiff deceased Shanker Lal filed suit for injunction against the defendant/appellant claiming his right over the lane situated in between the houses of the plaintiff himself and the defendant and also claimed easementary right on the basis of his 2 windows, 2 ventilators and water outlet which according to the plaintiff, he constructed more than 20 years ago. He was enjoying the benefit of air, light and drainage for more than 20 years from the time of filing of the suit. The defendant put stone slabs to close the way of lane.
(3.) THE trial Court decreed the suit of the plaintiff and directed the defendant to remove the stone slabs obstructing the way and restrained the defendant from putting any obstruction on the windows and ventilators and against the free flow of water. These findings of the trial Court were upheld by the first Appellate Court.;