(1.) The plaintiff in the suit in O.S.No.320 of 2007 on the file of the District Munsif Court, Uthamapalayam, is the appellant in this appeal.
(2.) The appellant, as plaintiff, filed a suit in O.S.No.320 of 2007 on the file of the District Munsif Court, Uthamapalayam, for mandatory injunction to remove the encroachment done by the defendant into the common lane shown as the property measuring 6 ft. north-south and 25s ft. east-west.
(3.) The case of the plaintiff is that the common pathway measuring 6 ft. x 25s ft. is lying in front of the respective houses of the parties and others and that it is left for the common enjoyment of all as per the agreement that was registered as document No.1521/1973. The existence of common lane measuring 6 ft. x 25s ft. is admitted by the defendant. The alleged encroachment in this case is by projecting the sunshade of the building of defendant into the common lane by + ft. and by constructing a balcony upto 2 ft. into the lane. The further encroachment was by constructing steps in two places in front of the house of the defendant encroaching into the common lane by 2 ft. and s ft. respectively. Stating that the encroachment by defendant into the common lane is illegal and it is likely to cause hardship and loss to the plaintiff by preventing the plaintiff from enjoying the right, the plaintiff has come forward with the suit for removal of encroachment.