Harinarayan v. Badridass
Rule established
Once an easement of light is established, the servient owner cannot construct anything that substantially diminishes the light
Facts
- Harinarayan's house had windows facing Badridass's vacant plot for over 20 years
- Badridass proposed to construct a multi-storey building that would block approximately 50% of the light to Harinarayan's windows
- Harinarayan sought injunction
Issue
- Whether construction on servient land that obstructs 50% of the light enjoyed by the dominant heritage through prescriptive easement is actionable.
Held
- Yes. The obstruction is actionable. Once an easement of light is established, the servient owner cannot diminish it substantially. A 50% reduction constitutes substantial diminution. The court granted a mandatory injunction directing modification of the construction plans.
Ratio Decidendi
An easement of light, once acquired, protects the quantum of light historically received. The servient owner cannot build anything that materially reduces this quantum. The test is "substantial" diminution, not mere reduction. The court considers the purpose of the windows, the extent of obstruction, and the effect on habitability.
How to use it in an exam
Use in easement of light problems involving proposed construction. Key line: "Substantial diminution of light after easement is established is actionable; 50% obstruction qualifies."
Source
Source: Mulla, Indian Easements Act
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.