Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 55 - Mandatory injunction - Appellants encroaching upon adjoining public pith and raising structure thereon thereby blocking passage of light and air to adjoining property of respondent and blocking its entrance door, windows, ventilators and water-spout ­Case, held, not one of interference with easement right of respondent but one of removal of nuisance resulting in injury to respondent's property and respondent entitled to ask for relief of mandatory injunction.-[injunction]. JUDGMENT MUHAMMAD YAQUB ALI, C. J.-This appeal by special leave of this Court arises from the suit brought by Ch. Abdul Qayyum, respondent No. 1, against Jalal Din and Muhammad Din, appellants herein, for removal of the structure raised on the passage shown in red in the site plan annexed to the plaint. The suit proceeded on the averments that property No. P. 123/1, Main Bazar, Lakarmandi, Lyallpur, on which exists a commercial-cum-residen­tial building belongs to the respondent that its western door, windows and ventilators, open towards the passage which is commonly used by him and all the shopkeepers in the market and that the appellants had, without obtaining lease from the Government or permission of the Municipal Committee, constructed a chhapar on a portion of the passage and thereby blocked the door, windows, ventilators and water-spout of the building. The suit was resisted by the appellants on the contention that the respon­dent was not entitled to open the door, windows and ventilators toward the disputed passage and that the suit filed by him was a counterblast to the suit filed by them earlier in respect of the construction raised by them on the platform which was an adjunct to shops Nos. 118 and 119 whose owner had 'surrendered it in their favour. The suit was dismissed by the trial Court but on appeal the District Judge granted respondent No. 1 a mandatory injunction directing the appellants to remove the unauthorised structure and the stack of timber placed by them in front of the western door, windows and ventilators of the respondent's house and shop. The decree was based on the finding that the appellants were in unauthorised…

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