M.R. SAMPATH KUMAR Vs. RAMACHANDRA

JUDGEMENT

(1.) Petitioner is the defendant in O.S. No. 151/2014. Respondent has filed the said suit seeking a decree of permanent injunction restraining the defendant from putting up any construction or encroaching the plaintiff's building towards its northern side. According to the plaintiff, he is the absolute owner of the suit schedule property bearing door No. 1314 -C/1 (a) measuring East to West 55 ft. and North to South 30 ft with a constructed building measuring East to West 41 ft. and North to South 25 ft.

(2.) It is alleged that defendant laid foundation towards northern side of his property without leaving any set back; though defendant was required to leave atleast 2 ft. set back, disregarding the same, defendant laid foundation without leaving an inch of land towards the Northern wall of the plaintiff's building. Plaintiff claims that it will result in irreparable loss and would affect the ventilation and light through the northern windows of the plaintiff's building, if defendant is permitted to put up construction.

(3.) Along with the suit, an application was filed seeking temporary injunction to restrain the defendant from putting up construction. Suit and the application were resisted by the defendant.