Draft a Plaint in Suit for the Removal of Construction Interfering with Light and Air

In the court of Munsif, Allahabad Suit No of 1951. Son of…………….. Caste…………… resident………… Allahabad…………….. Plaintiff.

v.

B, son of……………. caste………….. resident………….. Allahabad………………… Defendant.

The plaintiff begs to state as follows:

(1) That the plaintiff is the owner of house No……………..

Khushal Parbat, Allahabad, which has a window on the east of it, the boundaries whereof are given at the foot of the plaint.

(2) That the plaintiff has been enjoying the use of light and air to his house through the window peaceably as an easement, as of right, and without interruption for over 20 years till the date of obstruction.

(3) That on the 15th of May, 1951, the defendant erected a wall on the eastern side of the plaintiffs house which has resulted in closing the side window, and has thereby completely prevented and obstructed the light and air from entering into the said house by the said window. This has caused substantial damage to the plaintiff, inasmuch as it interferes materially with his physical comfort and has rendered the plaintiff’s house unfit for comfortable dwelling.

(4) That the said obstruction of light and air has materially diminished the value of the plaintiffs house, inasmuch as the house was formerly fetching a price of Rs. 8,000/-, whereas now it is only valued at Rs. 6,000/-.

(5) That the cause of action arose on the 15th May, 1951, when the defendant constructed the wall which has prevented the light and air from coming to the plaintiff’s house by the said window.

(6) That the suit is valued at Rs. 2,000/- being the loss occasioned to the plaintiff by the deterioration in value of the plaintiffs house caused by the aforesaid obstruction.

(7) That the suit is within the cognizance of this court.

The plaintiff claims:

(a) A mandatory injunction to the defendant to demolish so much portion of his wall as obstructs the light and airy of the plaintiff;

(b) On failure to demolish the wall by the defendant the plaintiff may be allowed to demolish the same and the costs of the demolition may be added to the decree in favour of the plaintiff.

(c) Any other relief to which the plaintiff may be entitled may be granted by the court.

(Sd.) A

Verification:

I, A, do verily that the facts stated in paragraphs 1 to 4 of the above plaint are true to my personal knowledge and the contents of paragraphs 5 to 7 are believed by me on information received to be correct. I append my signature to this verification at Allahabad on July 1. 1951.

(Sd.) Gopalji Tandon,

Advocate.

(Sd.) A

Boundary of the house.

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