P. KANDASWAMY Vs. SHANMUGHAM AND OTHERS

JUDGEMENT

(1.) Defendant in O.S. No. 1416 of 1979, on the file of the District Munsif's Court, Erode, is the appellant before this Court.

(2.) The suit filed by the plaintiffs was one for mandatory injunction directing the defendant dismantle the suit wall constructed by him common party wall. The allegations in the plaint are that the property boundary belonged 4 :the plaintiff and the defendants, and, as per registered partition deed dated 12-1-1976, they got them selves divided. In the partition deed, there is specific provision in respect of the wall in question, that the same shall be trained in common, which is of a total length 164 feet. The allegation in the plaint is that body has got an exclusive right over the suit fall. It is that both the plaintiffs and the defendant are doing business in the respective options of the building, and the wall is being annoyed by them in common. While so, the defendant attempted to claim exclusive right over the said wall, and even though the plain-its objected to his putting up constructions over the suit wall, he began to put up construction It is said that the buildings on either side the wall and also the construction on the wall every old, and if the wall is further burdened, will give way and cause damage. According to the plaintiffs, the putting up of construction over the common wall is without obtaining consent from the plaintiffs. As a co-owner, the defendant should respect the co-ownership of the plaintiffs and he cannot build on any portion of the wall.

(3.) On the above facts, the plaintiffs want a declaration that the suit wall that separates the plaintiffs' and defendant's building is a party wall with all its legal incidents, and they also ray for a permanent injunction restraining the defendant from raising any further.