KALYANI Vs. BHASKARAN

JUDGEMENT

(1.) This Appeal by the plaintiff is directed against the Judgement and Decree of the Courts below, rejecting her claim for lateral support. Plaintiff runs a School since 1968 in Survey No. 1054 of Kandanassery Village, described as A schedule property in the plaint. Defendants own lands to the west and north of plaintiff's property, described as B scheduled property, in the plaint. Plaintiff submits that defendants had been making large scale excavation of earth from their property, cutting earth in a perpendicular. As a result of this, plaintiffs property has lost lateral support available from the adjacent land of defendants, submits plaintiff. Hence a suit for mandatory and prohibitory injunction was filed.

(2.) Defendants admitted removal of earth, but contended the plaintiff lost lateral support, if at all, by putting pressure on her land by heaping earth on the playground, and not by any act of the defendants. They submit further that S.7 of the Indian Easement Act, stands in the way of plaintiff claiming lateral support, after subjecting her land to artificial pressure.

(3.) The Suit was dismissed by the Trial Court. On Appeal (A.S.2/81), the District Court, Trichur remanded the suit to the Trial Court to ascertain, if: