The All India Reporter 1952 - Rajasthan Section Citation: A. I. R. (39) 1952 Rajasthan

The houses of both the parties are adjoining to each other, in the city of Jaipur and there is a kitchen on the top floor of the plaintiff's house, in which there is a window over-looking the house of the defendant, which, it is said, has been closed by the defendant by erecting a wall by the side of the wall of the p. aintitl's house. [...] The District Judge inspected the site and on the basis of his inspection of the spot, held that there was sufficient light and air in the kitchen of the plaintiff, even after the closing down of the disputed window. [...] There is, therefore, no evidence whatsoever on the record of the case, which may go to show that the reduction in the quantity of light and air on account of the closing of the disputed window is such as would cause substantial injury to the right of the plaintiff. [...] The observations of Lord Davey in 'Cole's case' are as follows: Tile owner of the dominant tenement is entitled to uninterfered access through his ancient win- dows of the quantity of light and air the measure of which is what is required for the ordinary pur- poses and inadequacy or absence of the tenement according to the ordinary notion of mankind. " The question, therefore, is whether the act [...] The Rent Controller and the Collector were both bound oy Section 6 (2) to fix the standard rent on the bas:s of the basic rent of the premises, in the light of the provisions of the second schedule.