Jamnadas Shankarlal And Vrijbhukhan ... vs Atmaram Harjivan on 11 July, 1877
In Jamnadas Shanlcarlal v. Atmaram Harjioan (1877) I.L.R. 2 Bom.
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1 - 2 of 2 (0.17 seconds)P.C.E. Paul vs William Robson on 11 May, 1914
Both the cases were fully discussed by the Privy Council in a later decision in Paul v. Robson where it was held that the decision in Jolly's case is an authoritative exposition of the decision in Coil's case and that the law formulated by Lord Davey is the law laid down by that decision, viz,, that the owner of a dominant tenement does not obtain by his easement a right to all the light he has enjoyed during the period of prescription but obtains a right to so much of it as will suffice for the ordinary purposes of inhabitancy or business according to the ordinary notions of mankind having regard to the locality and surroundings, and that there is no infringement of the easement acquired by ancient lights unless that which is done amounts to a nuisance. Peacock on Easements at p. 633 states that the test of under what conditions adequate relief can be afforded by pecuniary compensation is difficult of precise definition, as every case of actionable disturbance must depend on its own circumstances and vary in degree, but so far as it is possible to deduce any principle of general application from the decisions, it seems that where the damage caused by the disturbance is not irremediable, or where the comfort or utility of the dominant tenement has not been destroyed or very substantially diminished, the Court will usually award damages instead of granting an injunction, but where the case is one of irreparable or very substantial injury, a mandatory injunction and not damages will be granted. Having regard to the finding in this case that though the light and air has been sensibly diminished, the occupation of the house has not become uncomfortable, we think this is not a case for granting a mandatory injunction, and that the view of the lower Court that pecuniary compensation is an adequate relief is, in our opinion, correct.
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