T R KRISHNAN Vs. T V RAMASWAMI

JUDGEMENT

(1.) Aggrieved by the reversal of the decree of the trial court by the lower appellate court, the plaintiff in O.S.No.1247/2003 before the III Additional Munsiff Court, Thrissur has come up in appeal.

(2.) The plaintiff is the owner of plaint A schedule property and defendant is the owner of plaint B schedule property. Both are tracing title to their respective properties as per Ext.A1 partition deed dated 30.09.1962. The short grievance of the plaintiff was that the defendant, in violation of the Building Rules and without obtaining sanction from the plaintiff, constructed a truss work on the western side on top of the common compound wall belonging to the parties and according to the plaintiff, the defendant is not entitled to do so. Claiming that unauthorized construction was bound to be removed by the defendant, suit was laid.

(3.) The defendant resisted the suit. It is pointed out by him that the roof of the shop room of the defendant was leaking during the rainy season and in order to prevent the same, truss work has been done by him. According to him, for avoiding damage and nuisance to public, the said act was done. It is claimed that the work so done was exclusively in the property owned and possessed by the defendant. Contending that no unauthorized construction had been done by him, the defendant prayed for dismissal of the suit.