KUNNATHU AUTOMOBILES Vs. MUTHU AYYAN CHETTIAR

JUDGEMENT

(1.) The first defendant is the appellant.

(2.) The suit out of which the appeal arises, was for a mandatory injunction directing the defendants to cut and remove the rafters and reapers of their building protruding into the plaintiff's property.

(3.) The plaint property is a portion of a larger property which originally , belonged to one Ammalu Amma. By Ext. P1 partition, the property was divided into 3 portions. They are the properties described in A, B and C schedules attached to Ext. P1. B schedule is the plaint property. As per Ext. P1 the extent of the B schedule property is 5 1/3 cents. The defendants purchased A schedule property and constructed a building on the property in 1964.