NINGAPPA ERANKEGOWDA Vs. R SHANKARAPPA

JUDGEMENT

(1.) THE appellant-plaintiff is the owner of Sy. No. 275/3 and 275/4 measuring 4 acres 14 guntas. 4 acres is a cultivable land and 19 guntas is a kharab. The plaintiff got the cultivable land of 4 acres converted into non-agricultural purpose and has put up the structures and running a school.

(2.) THE plaintiff says along side, there is a hillock. He has put up a wall to prevent soil erosion and percolation of rain and wastewater. The defendant-respondent is the owner of the adjacent land bearing 275/5.

(3.) THE defendant took up levelling of upgredient portion of his land to enable cultivation. During the course of levelling, the compound wall which had enjoyed sub-soil support, collapsed because of excavation of subsoil. The plaintiff therefore, filed a suit claiming easementary right of lateral support from the adjacent land of the defendant and seek permanent injunction.