V.M.SAINEESA Vs. S.SHANTHI

JUDGEMENT

(1.) THE plaintiff in the original suit is the appellant in the second appeal. She filed the suit O.S.No.2612 of 2003 on the file of the III Assistant Judge, City Civil Court, Chennai: 1) for recovery of a sum of Rs.50,000.00 from the first respondent/first defendant as damages together with an interest on the said amount at the rate of 12% p.a from the date of plaint till the date of decree and a further interest at the rate of 6% p.a from the date of decree till payment; 2) for a mandatory injunction against the first respondent/first defendant to remove the new pipeline put up on the northern wall of the first and second floors at No.13/7, Sundaravinayagar Koil First Lane, Sembium, Chennai- 11; 3) for a mandatory injunction against the first respondent/first defendant directing the removal of the northern wall in the ground floor of the said building opposite to the two windows on the southern wall of the house of the appellant/plaintiff and thus restore the original position allowing free air and light through the windows in the rooms of the plaintiff's property; 4) for a permanent injunction restraining the first defendant from putting up shutters for the windows in the northern wall of the first and second floors of the building bearing Door No. 13/7, Sundaravinayagar Koil First Lane, Sembium, Chennai- 11 so as to open the same into the space over the plaintiff's property; 5) for a permanent injunction restraining the first respondent/first defendant from entering a portion of the property of the plaintiff bearing Door No. 9/5, Sundaravinayagar Koil First Lane, Sembium, Chennai- 11 for the purpose of plastering and whitewashing the walls of the new construction of the first defendant or any other purpose; 6) for a mandatory injunction against the defendants 2 and 3 to exercise their powers and take action against the first respondent/first defendant for the unauthorized construction of the building of the first respondent/first defendant; and 7) for costs.

(2.) SECOND respondent/second defendant remained ex parte before the trial Court. First and third defendants contested the suit. At the end of trial, the trial Court decreed the suit in part with costs and granted the reliefs of mandatory injunction and permanent injunction as prayed for. So far as the relief of damages claimed in the suit was concerned, the trial Court dismissed the suit.

(3.) THE contention of the appellant/plaintiff, in brief, are as follows: