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Suit No. 560 of 1979, decided on 16th June, 1980.

‑‑ S. 29 read with Sind Buildings Control Ordinance (V of 1979), S. 6‑ Reconstruction of building‑Rights of easement‑Plaintiff, held, cannot have greater rights of easement than what he had when demolished building still stood on defendant's land.

‑‑‑ O. XXXIX. rr. 1 & 2 read with S. 151 and Sind Buildings Control Ordinance (V of 1979), S. 6 and Easements Act (V of 1882), S. 29‑Whether defendants can under law or conditions of their lease cons truct more than two storeys on their plot in view of provisions of Ordinance V of 1979‑Question still to be decided by Court‑Window on proposed second floor if closed and defendants put to terms to safeguard in an adequate manner claimed rights of plaintiffs, construction of third storey by defendants neither likely to cause any irreparable harm nor prejudice to plaintiff‑Order of High Court confirming interim injunction grained in plaintiff's favour restraining defendants from raising construction beyond two floors‑Modified to extent that defendants will not carry out any construction above third storey till disposal of suit on specific unconditional undertaking given by defendants that in case of final decision of suit going against them they will demolish third storey, that total height of building will not exceed 32 ft. and they will construct only one window in third storey on side facing plot of plaintiff but it will be kept closed till disposal of suit.‑[Injunction].

Biskan Das v. Behari Lai A I R 1935 Lah. 937 ; Muhammad Aref Effendi v. Egypt Air 1980 S C M R 588 ; Bantra Memon Cooperative Housing Society Ltd. v. Anis All Khan 1979 S C M R 77 : Thomas Ban v. Parvathy Ommini A I R 1962 Ker. 16 and Anamlla v. Aban Mohan Roy A I R 1914 Cal. 362 ref.

A. A. Fazeel for Plaintiff.

Syed Sharifuddin Pirzada for Defendants Nos. 1 and 2.

Nemo for Defendant No. 3.

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