S A KHADAR Vs. ABDUL SUBHAN KHAN

JUDGEMENT

(1.) THE second appeal arises out of the judgment and decree passed by the civil Judge (Senior Division), Ramanagara in R. A. No. 63 of 1994 arising out of judgment and decree passed by the Munsiff Court, Channapatna in O. S. No. 200 of 1989.

(2.) THE appellant is the plaintiff, filed a suit for permanent injunction against the first respondent not to open a door on the western wall of the first respondent house and the said suit was dismissed. It was the contention of the plaintiff before the Trial Court that the defendants' house property bearing No. B. 372/1, B. M. Road, Channapatna adjoins the house property of the plaintiff bearing No. B/371. In between the said buildings a passage is situated measuring 5 ft, x 50 ft. The plaintiff claims that the passage exclusively belongs to him and that the defendant has no right to use the passage in any manner. It is said that if the defendant attempted to put up a door on the western wall of the house to have an access to the passage it would interfere with the rights of privacy of the plaintiff. The defendant on the other hand contends that he has obtained licence from the Municipality for opening a door on his western wall. Hence prays for dismissal of the suit.

(3.) IT is pertinent to note that prior to filing of the suit, the dispute between the plaintiff and the defendants came to be resolved under a written agreement in which, the defendants conceded the exclusive right of the plaintiff over the passage and also undertook that he would not put up any door or windows in the western wall. In violation of the said agreement, it is contended that the defendants has obtained licence from the second respondent-Municipality and is attempting to put up a door. The plaintiff challenged the order of the Municipality, in granting the licence to the defendants to put up a door on the western wall, before the Deputy Commissioner. The appeal tiled by the plaintiff was dismissed. Immediately thereafter the suit is filed.