G. RAMAKRISHNA Vs. C. CHANDRASEKHAR

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment and decree dated 01.11.2004 in A.S.No.26 of 2004 on the file of IV Addl.City Civil Court, Chennai confirming the judgment and decree dated 29.04.2003 in O.S.No.13600 of 1996 on the file of II Asst.City Civil Court, Chennai.

(2.) The appellant herein is the defendant in the suit and the respondent herein is the plaintiff. The plaintiff approached the trial Court for permanent injunction, restraining the defendant and his men, etc., from any way continuing the construction in any manner whatsoever in the existing open yard.

(3.) According to the plaintiff, the plaintiff and defendant are brothers and both of them had acquired title to the respective properties situated adjacent to each other under a deed of partition dated 24.08.1967. The plaintiff was allotted present premises situated at No.24/2, Govindappa Naicken Street, Madras-600 001 and the defendant was allotted the premises situated at No.19, Parish Venkatachala Iyer Street, Madras-600 001 with a common dividing wall. 'A' suit schedule property belonged to the plaintiff and 'B' suit schedule property belonged to the defendant. The case of the plaintff was that to the east of his bedroom in his premises, there is a big open space or yard open to sky measuring 14' x 24' and there were three big windows measuring 5 1/2 x 3 1/2 each with doors open outside facing the open yard in the first floor of the defendant's premises and through the said three windows, air and light passes through from the open yard. According to the plaintiff, he has been in enjoyment of free flow of air and light passing through the said three windows opening from the open yard in the first floor of the defendant premises without any interruption over 50 years since the partition took place in 1967.