PADIKAL MADAPPA Vs. C B KARIAPA

JUDGEMENT

(1.) Leave granted.

(2.) The first respondent filed a suit seeking relief of declaration to use the suit path; to have free passage of light and air; to have privacy without any obstruction; for permanent injunction restraining the appellant from obstructing the suit path or free passage of light and air and right of privacy of the first respondent; and for mandatory injunction directing the appellant to remove the construction put up obstructing the said suit path.

(3.) The claim putforth by the first respondent is that the plaint 'A' schedule property belongs to him and the appellant is owner of the Plaint 'B' schedule property. The old house and other structures which were existing in 'B' schedule property were demolished some time back and a new construction is sought to be brought. Building or structure in 'A' schedule property is situated 3 feet interior to the eastern boundary of the land in which it is situated and similarly the structures in 'B' schedule property were also situated at least 3 feet interior to the western boundary of the land. The first respondent and the appellant had left a way or passage each devoting 3 feet vacant space and the said passage is described in plaint 'C' schedule and is referred to as suit path.