K. RAMAN MENON Vs. KARNATAKA NAIR SERVICE SOCIETY

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. The learned counsel for the respondent remained absent. It is noticed that he has remained absent on the last occasion as well. Hence, the appeal is considered for disposal on merits.

(2.) THE appellant was the plaintiff before the Trial Court and had filed a suit for declaration that the defendant had violated building bye -laws and put up construction of the building, which is on the southern side of the plaintiffs property in such a manner that it has interfered with the free flow of light and air. The defendant had entered appearance, but had not filed any pleadings. The court below had framed the following points for consideration:

(3.) THE plaintiffs further case was that just prior to the filing of the suit, the defendant started putting up the first floor of the premises and in the process, has further intruded into the space between the plaintiffs property and the defendant's property by way of constructing chajjas and pillars to support the first floor, which left no space absolutely between the property of the plaintiff and the defendant.