Question :​Ramesh is the owner in possession of the plot B-67, Block A, Pocket 5,

Vasant Kunj, New Delhi-110099. Suresh is the owner in possession of B-68, Block
A, Pocket 5, Vasant Kunj, New Delhi-110099. Ramesh and Suresh are neighbours
since 1967 as they live in the same residential area which is Vasant Kunj, New Delhi
st
and share friendly and cordial relationship with each other. Suresh on 1​
September,2020 has started raising further construction on the top floor of his
premises without adhering to the rule prescribed by the law and has further
encroached upon the land of the Ramesh. This has caused obstruction of light, air
and sun to the building of the Ramesh besides causing nuisance to him and his
tenants, thereby depriving the Ramesh of his easementary rights of light, air and
sun.
On the basis of above given facts draft plaint on behalf of Ramesh and Written
Statement on behalf of Suresh and other appropriate applications.

Answer :
<A>

BEFORE THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE , DELHI

Summary suit no. __of 2020
Ramesh

plot B-67, Block A, Pocket 5,

Vasant Kunj, New Delhi-110099​ ………………………………Plaintiff

V/S

​ Suresh

Plot B-68, Block A, Pocket 5,

Vasant Kunj, New Delhi-110099​.

…….……………………..Defendant

SUIT FOR ​EASMENTRY RIGHT OF LIGHT AIR AND SUN.UNDER ORDER

XXXVII OF CODE OF CIVIL PROCEDURE, 1908.

The above named plaintiff states as follows that: -

1. That Plaintiff ​is the owner in possession of the plot B-67, Block A, Pocket 5,
Vasant Kunj, New Delhi-110099
2. That my client ​ is the owner in possession of B-68, Block A, Pocket 5, Vasant
Kunj, New Delhi-110099
 3. That my client and Plaintiff ​ have been neighbours since 1967 as they live in
the same residential area which is Vasant Kunj, New Delhi and share friendly
and cordial relations with each other.
st​
4. That ​on 1​ September,2020 defendant started raising further construction on
the top floor of his premises without adhering to the rule prescribed by the law
and has further encroached upon the land of my client.
5. That due to mentioned above action​ caused obstruction of light, air and sun to
the building of my client besides causing nuisance to him and his tenants,
thereby depriving my client of his easementary rights of light, air and sun
6. That the Defendant resides in Delhi and under Section 4 of Indian Easement
right 1882 , therefore this court has jurisdiction to hear and decide the matter.
7. That the suit is valued at 3000/- for the purpose of court fees and jurisdiction
8. That the plaintiff therefore prays that:-
a. in purported exercise of a right of way makes an excessive user of the
servient tenement commits a trespass and may be restrained from doing at
the instance of the servient
b. Cost of the suit.

PLACE:- Delhi

DATE: - 1st SEPTEMBER 2020

Plaint drawn by

Sd/

Advocate for the plaintiff

(Anuj Mishra BBA LLB Corporate law)

VERIFICATION

I, the applicant, hereby declare that the facts maintain that the facts mentioned all
true and correct to the best of my knowledge, belief and information.

PLACE:- DELHI

DATE:- 1st SEPTEMBER 2020

<B>

BEFORE THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE , DELHI

Summary suit no. __of 2020
Ramesh

plot B-67, Block A, Pocket 5,

Vasant Kunj, New Delhi-110099​ ………………………………Plaintiff

V/S

​ Suresh

B-68, Block A, Pocket 5,

Vasant Kunj, New Delhi-110099​.

…….……………………..Defendant

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

The above named plaintiff states as follows that: -

1. That Plaintiff is​ the owner in possession of the plot B-67, Block A, Pocket 5,
Vasant Kunj, New Delhi-110099
2. That my client ​ is the owner in possession of B-68, Block A, Pocket 5, Vasant
Kunj, New Delhi-110099
3. That my client and defendant ​ have been neighbours since 1967 as they live
in the same residential area which is Vasant Kunj, New Delhi and share
friendly and cordial relations with each other.
st​
4. That ​on 1​ September,2020 the defendant has started raising further
construction on the top floor of his premises without adhering to the rule
prescribed by the law.
5. That due to mentioned above action did not​ caused obstruction of light, air
and sun to the building of the plaintiff besides causing nuisance to him and his
tenants, thereby not depriving the plaintiff of his easementary rights of light,
air and sun
6. That my client’s action did do any harm to the plaintiff on his easement rights,
therefore this case is null and void
7. That my client therefore prays that:-
c. Dismiss the suit wrongly filed in the court
d. Pass a decree in the favour of my client

PLACE:- Delhi

DATE: - 1st SEPTEMBER 2020

Written statement drawn by

Sd/

Advocate for the defendant

(Anuj Mishra BBA LLB Corporate law)

VERIFICATION

I, the Respondent, hereby declare that the facts maintain that the facts mentioned all
true and correct to the best of my knowledge, belief and information.

PLACE:- DELHI

DATE:- 1st SEPTEMBER 2020