Y.DEVENDRAN Vs. D.SHANMUGAM

JUDGEMENT

(1.) The 1st defendant is the appellant in this Second Appeal.

(2.) The 1st respondent/plaintiff filed the suit seeking for the relief of mandatory injunction directing the 1st defendant to remove the illegal construction that has been put up in the suit property and for a permanent injunction restraining the 1st defendant from putting up any further illegal construction in the suit property.

(3.) The case of the plaintiff is that he is the absolute owner of the flat bearing Door No.55 B which is in the ground floor. The 1st defendant is the owner of the flat situated in Door No.55C. The grievance of the plaintiff is that the 1st defendant is attempting to put up construction in the common area and he did not stop putting up the illegal construction in spite of issuing a legal notice. Hence, the suit was filed seeking for the reliefs stated supra.