Sh. Lalit S/o Sh. Nanu Bhai R/o H.No. 167 Gali Batashan, (first floor), Chawri Bazar, Delhi. Defendant. Date of Institution of Suit : 24.05.2005. Date on which Order was reserved : 31.05.2010. Date of Pronouncement of Order : 01.07.2010. JUDGMENT. The facts in brief, necessary for the disposal of the present suit for mandatory injunction as disclosed by the plaintiff in the plaint, are that, the plaintiff is the owner of property bearing no. 163, Gali Batashan, Chawri Bazar, Delhi and since his childhood he is Suit no. 118/2008 Page no. Page numbers / Statistics residing on the first floor of the said house and the defendant is residing on the first floor of his property bearing no. 167, Gali Batashan, Chawri Bazar, Delhi. It has been further submitted that there exists a public lane (gali) between the house of the defendant and house of the plaintiff and further that the house of the defendant and house of the plaintiff are situated in front of each other. It has been alleged that the wall of the staircase towards the gali was not in existence at any point of time. It has been further submitted that on 11.04.2005, the defendant has effected opening / fixed iron window in the wall of the staircase which is situated towards the gali and the same is specifically shown red in the site plan. It has been alleged that the said iron window in the said wall of staircase was fixed without the consent of the plaintiff and the said window has been fixed / projected / erected in front at the level and also at the same height of the window of the plaintiff, deliberately and intentionally by the defendant with oblique motives to infringe the right of privacy of the plaintiff. It has been alleged further that any person can peep through the said window and further that the window of the defendant exposes the privacy of the plaintiff and as such the defendant has infringed the rights of privacy of the plaintiff and caused substantive material marital injury to the plaintiff. It has been further submitted that the said act of the defendant tantamount to tress­pass in the premises of the plaintiff. It has been further submitted that the Suit no. 118/2008 Page no. Page numbers / Statistics defendant has done the said act in order to diminish / reduce the value of the property of the plaintiff and thus the defendant is maintaining pressure on the plaintiff to dispose off his property at the lowest prices. It has been further submitted that the plaintiff has intimated to the SHO, P.S. Hauz Qazi vide complaint dated 12.04.2005 but no action has been taken. It has been further submitted that the plaintiff served the legal notice dated 29.04.2005 to the defendant vide postal receipt no. RLAD­8310 and through UPC but of no avail. It has been prayed that a decree for mandatory injunction be passed in favour of the plaintiff and against the defendant thereby mandating and directing the defendant to remove / close the iron window fixed in the wall of the staircase which is situated towards the gali which is specifically shown in red in the site plan in the property no. 167, gali Batashan, (first floor), Chawri Bazar, Delhi­6. 2. Written Statement has been filed by the defendant taking therein various preliminary objections such as that the suit is without any cause of action as the window alleged to be put by the defendant exists there from the inception of the property, which the father of the defendant had purchased in 1992. It has been further submitted that the defendant has not put the said window either on 11.04.2005 or on any other date. It has been further submitted that there exists a lane of 4­5' in between the two properties and as such no right of privacy can be claimed qua the other's property by the owner of one propert