V. MUTHUKUMARASAMY Vs. ASSARAM FATHIMA MARIE @ MANDJOUDEVI CLAIRAN

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been preferred challenging the order passed by the III Additional District Judge at Puducherry dismissing the prayer for grant of interim injunction against the 2nd respondent restraining him from interfering with the 1st floor and the terrace over the 1st floor of the house in the schedule of property and 4/6th portion on the ground floor of the house until the disposal of the suit.

(2.) The brief facts of the case are as follows;

(3.) Learned Senior counsel appearing for the appellant would submit that it is not in dispute that he has put up a structure to an extent of 200 sq.ft., on the second floor, to which the respondents have no right and they cannot disturb his possession over the same. He would further contend that the appellant was given an exclusive right to build 200 sq.ft in the first floor and having put up a structure to the extent of 200 sq.ft.,at the second floor, he can claim exclusive right over the second floor.