D. K. SETH, J. ( 1 ) LEAVE is granted to convert the petition into one under Article 227 of the Constitution of India. ( 2 ) THE order dated 17th August,, 1999 passed by the learned Additional District XVth Court. Ghaziabad in Civil Misc. Appeal No. 40 of 1999 reversing the order dated 26th February. 1999 passed by learned Civil Judge (Senior Division), Ghaziabad in Original Suit No. 1504 of 1998 has since been challenged. Mr. Rakesh Tiwari had drawn my attention to the order passed by the appellate court, where it has been observed that by virtue of sale deed, the defendants were granted right of easement for flowing of drain water or rain water through the disputed property and for opening of the window. Therefore, by reason of such transfer with easement over the disputed property in favour of the transferee, the defendant plaintiff has no possession in respect of the said property and, therefore, the order of the learned trial court granting Injunction has since been reversed. ( 3 ) MR. V. K. Jaiswal. learned counsel for the opposite parties on the other hand contends that the plaintiff has no right to interfere with the enjoyment of the defendants over the property with regard to their easement rights for opening windows and flowing their drain or rain waters. ( 4 ) MR. Tiwari had drawn my attention to Section 4 of the Indian Easements Act, 1882. where easements have since been defined. The text of the said Section may be beneficial for us as quoted herein below : "4. An easement is a right which the owner or occupier of certain land possesses as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. dominant and servient heritages and owners : the land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner, or occupier thereof the dominant owner ; and land on which the liability Is imposed is called the servient heritage and the owner or occupier thereof the servient owner. dominant and servient heritages and owners : the land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner, or occupier thereof the dominant owner ; and land on which the liability Is imposed is called the servient heritage and the owner or occupier thereof the servient owner. Explanation.--In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth : the expression "beneficial enjoyment" Includes also possible convenience, remote advantage and even a mere amenity ; and the expression "to do something" includes removal and appropration by the dominant owner, for the beneficial enjoyment of the dominant heritage, or any part of the soil of the servient heritage or anything growing or subsisting thereupon. " ( 5 ) AN easement is a right given to a person to use the property not as owner or occupier but only to use the same for certain particular purposes while dominant its enjoyment in respect of the property as servient to the dominant status of that of the servient owner who has granted the easement right. Thus by reason of grant of easement. It cannot be said that the servient owner Is divested of his possession and from enjoyment of the properly subject however to the casement. ( 6 ) IN the present case, the appellate court has found that in the deed the land was allowed to be enjoyed through easement for the purpose of opening the windows of the building transferred by the plaintiff to the defendants and for flowing of the rain waters or drain waters through the said land. Therefore, beyond the scope and extent of the right of easement granted through the said document, the defendants cannot claim anything else. No more right is conferred on him except a defined easement granted to him. Therefore the order passed by the learned lower appellate court cannot be sustained and is, accordingly set aside. However, it is alleged by Mr. Jatswal that the plaintiffs are interfering with their easement rights. No more right is conferred on him except a defined easement granted to him. Therefore the order passed by the learned lower appellate court cannot be sustained and is, accordingly set aside. However, it is alleged by Mr. Jatswal that the plaintiffs are interfering with their easement rights. ( 7 ) IN such circumstances the order dated 26th February, 1999 passed by the learned Civil Judge (Senior Division), Ghaziabad in Original Suit No. 1504 of 1998 is modified to the extent that the plaintiff shall not interfere with the easement right of the defendants in respect of the opening of the window leaves and flowing of the drain water or rain water through the disputed property in any manner whatsoever till the disposed of the suit. ( 8 ) WITH these observations, the writ petition is disposed of. No cost. .