THOMAS KURIAN Vs. THOMAS

JUDGEMENT

(1.) THE plaintiff in O.S. No.18 of 2002 of the Munsiff's Court, Changanasserry is aggrieved by the dismissal of the suit and the decree on the counter claim, confirmed by the Additional District Court, Kottayam in A.S.No.355 of 2009.

(2.) THE appellant-plaintiff is a tenant of item No.1, a room in the storied building belonging to the respondent and which abuts the Changanassery-Vazhoor road. The appellant is doing business in opticals in item No.1. He has put up a name board (item No.2 in the plaint schedule) in front of that room at the time of letting itself. According to the appellant, item No.1 is situated about 8 feet below the road level. The respondent attempted to remove the name board and hence the suit for injunction.

(3.) THE learned Senior Advocate for the appellant has contended that what is prohibited under Section 108 of the Transfer of Property Act is putting up of "structures" which is distinguishable from "fixture". According to the learned Senior Advocate, the name board is only a 'fixture'. The name board does not in any way cause inconvenience to the other tenants of the building and hence dismissal of the suit and the decree on the counter claim cannot be sustained.