S C CHANDRAPRABHA Vs. G ARMUGAM

JUDGEMENT

(1.) RFA Nos.531/2005 and 530/2005 are filed by the plaintiff in O.S.Nos.3227/1993 and 10454/1993. RFA No.1042/2007 is filed by the defendant in O.S.No.1011/2000.

(2.) THE defendant in O.S.No.1011/2000 is the plaintiff in O.S.Nos.3227/93 and 10454/93. The parties will be referred to as per their ranking in O.S.Nos.3227/93 and 10454/93.

(3.) THE plaintiff's case is that the defendants had left passage on the eastern side of their property. The said passage was left as per the specification prescribed by the local bodies and passage was meant for the light, air for better use of the neighbouring property. The plaintiff has been enjoying the free light and air for more than 20 years. However, the defendants illegally started putting up staircase in the passage thereby obstructing free air and light to the building of the plaintiff. They have also constructed the bathroom and toilet and such construction would affect the enjoyment of the property by the plaintiff as the property of the defendants is situated in little elevated position and there will be seepage of water into the property of the plaintiff along with soap water and chemicals used for washing the bathroom.