legal maxim

The maxim of Aedificare In Tuo Proprio Solo Non Licet Quod Alteri Nocet literally means that it is not considered lawful by the court to make such constructions on their land which may prove to be injurious to another. All the people have the right to enjoy their land and have ancient light and air. Such constructions which bar proper light and air into someone else’ house, or interfere in their property by through hanging structures is not allowed by law. However, it was also held in Subramania Mudaliar v. Pachaiyappa Mudaliar that if a person who has their eaves hanging out on someone else’ building have to right to protect.

Bansidhar & Anr. v. Matru Mal & Ors.

In this case, a building was constructed on the north of the plaintiff’s building, which was 25 years old. The plaintiff filed a complained in the Court in order to prevent the defendants from constructing a building more than seventeen feet in height, as it would hinder ancient air and light into the house of the plaintiff. The High Court of Patna remanded that matter to the trial court since the boundaries between the two buildings were not clear. The plaintiff had contended that there was, in fact a boundary wall between the two plots, whereas the defendant claimed otherwise. If the plaintiff was found to be right by the Trial Court, then the Trial Court will again look how much light and air can pass into the house of the plaintiff after the construction of the defendant’s building. If the Trial Court finds that no harm will be done by the construction of the defendant’s building then the defendant cannot be forced to limit the height of their building to only seventeen feet.