JUDGMENT Prakash Krishna, J.
1. This is plaintiffs appeal who has lost from both the courts below. The appeal is directed against the judgment and decree dated 22.12.1979, passed by Vth Additional District Judge. Moradabad in Civil Appeal No. 278 of 1977 confirming the judgment and decree of the trial court dated 29.7.1977 passed in Suit No. 198 of 1974.
2. The appellants filed suit for perpetual injunction restraining the defendants from opening any parnala, door or ventilation in their western wall towards the house of the plaintiffs and also for mandatory injunction directing the defendants to close the door, two ventilators, three parnalas and nali which were opened towards the plaintiffs house.
3. The suit was instituted on the plea, inter alia, that the plaintiffs have purchased a piece of land by means of sale deed dated 4.12.1968 and constructed house thereon. On 25.5.1974 the defendants demolished their western wall and fixed a new door towards the east of plaintiffs land and also opened a nali, ventilator, etc. without there being any right in them.
4. The suit was contested by the defendant's respondents by denying the plaint allegation. It was pleaded that the house of the defendants existed since more than fifty years and door, parnala and nali existed since the last fifty years. The defendants have constructed a room at the same place as it was earlier existed and put on the ventilator, parnala and door in the newly constructed room at the old points. They have acquired easementary right of open air and light and to flow rainy water and right of passage on the open land. The trial court framed five issues. The relevant issues are issue Nos. 1 and 2. On these issues the trial court found that the defendants opened door, parnala drain and ventilators towards the west of their house and have acquired easementary right of air, light and to flow water towards the west. The court below has confirmed these findings. Appeal was admitted on 25.3.1980 on the following substantial questions of law :
"Whether on the facts and in the circumstances of the case, did the respondents acquire easementary right to open the door, window, ventilator an parnalas on the land of the appellants."
5. Heard learned counsel for the appellants and perused the record.
6. Learned counsel for the appellants submitted that the findings recorded by the court below on issues Nos. 1 and 2 are vitiated as there is no finding for the purposes of acquisition of easement rights as required under Section 15 of Easements Act. He has not challenged the factual aspect of the case. Both the courts below have found that there is sufficient evidence on record to show that the defendants have constructed a room on the same place, as it was earlier. They have opened the ventilators, parnala, nail and doors on the old places in the rebuilt rooms. The court below has disbelieved the plaintiffs evidence that the defendants did not have the door towards west of their house. The courts below have preferred to place reliance upon rent receipt wherein the door of the defendants house has been described. The said rent receipt is dated 16.6.1958 and marked as Exhibit A-1. The counts below have believed the existence of defendants house for last over fifty years. It has also believed the case of the defendants about the existence of two parnalas, ventilator, nali and doors. It has also preferred to place reliance upon the oral testimony produced by the defendants. The trial court has discussed the matter in great detail under issue No. 2 and has recorded a finding that the defendants have not opened the door, parnala, ventilators and doors recently and have easementary rights of air, light and flow of water and way towards west. This finding has been confirmed by the court below. The defendants have stated that the defendants have been enjoying these rights openly and peacefully for the last fifty years.
7. In view of the above I do not find any substantial error in the judgment and decree of the court below. The appeal is concluded by finding of fact and is accordingly dismissed.