C KESAVAN Vs. S SIVAGURUNATHAN

JUDGEMENT

(1.) THE defendant, who was successful in the Trial Court and unsuccessful in the first appellate court, is the appellant.

(2.) THE respondent/plaintiff filed the suit for injunction restraining the appellant in demolishing the remaining portion of the suit wall and for mandatory injunction directing the appellant to reconstruct the demolished portion of the suit wall.

(3.) THE Trial Court accepted the contention of the appellant and held that the suit wall is situate in S.No.876 which belongs to the appellant and the respondent/plaintiff has no right over the same and as the wall belongs to the appellant, he is entitled to demolish and reconstruct the same and that cannot be questioned.