R.KARMEGAM Vs. M.HARIHARASUDHAN

JUDGEMENT

(1.) The unsuccessful defendants in O.S.No.186 of 2016 are the appellants herein. The respondent/plaintiff filed the suit before the learned First Additional District Judge, Madurai seeking the relief to direct the defendants to pay a sum of Rs.25,00,000/- towards damages and compensation to the plaintiff with interest at the rate of 12% p.a from the date of plaint till the date of realization with costs. By judgment and decree dated 03.04.2018 the learned First Additional District Judge, Madurai partly allowed the suit and directed the appellant/ defendants to pay a sum of Rs.18,28,941/- along with interest at the rate of 9% p.a. from the date of the suit till realization, with proportionate cost of the suit. Aggrieved over the said findings, the appellants/defendants filed the appeal and seeking the relief to set aside the judgment and decree passed on 03.04.2018.

(2.) For the sake of convenience, the parties are referred to as, as described by the trial Court.

(3.) The averments made in the plaint, in brief, are as follows: The plaintiff is running a hotel under the name and style of Hotel Gowri Krishna at Bye Pass Road, Madurai. He purchased the land to an extent of 5160 square feet vide sale deed dated 19.11.2012. The property purchased by the plaintiff lies on the north of his father's property adjoining to it. In the said property, the plaintiff started construction in the year 2014. While so, the first defendant put up the construction in front of the plaintiff's property and thereby obstructing the ingress and egress of the property of the plaintiff's father from main road. The plaintiff's father has filed a suit in O.S.No.783 of 2014 against the first defendant for the relief of injunction restraining the first defendant from putting up any construction obstructing free access to his property. The learned Principal District Munsif, Madurai on 22.12.2014 passed an order of status quo and after knowing the details of the said order, the first defendant hurriedly completed the construction without obtaining plan approval from the local bodies. On knowing this, the Electricity Board has disconnected the service connection. Thereafter, the plaintiff legally took steps to demolish the building constructed by the first defendant which was situated in the national highways. For his construction, the plaintiff purchased the marbles and granites for Rs.2,27,065/- and kept in front of his father's property. Aggrieved with the filing of the suit, the first defendant on 24.07.2015 at about 10 a.m., along with henchman came in a Nissan car and has then pulled down and demolished the materials, which was collected by the plaintiff for the construction purpose. For the said reasons, the plaintiff preferred a complaint before the SS Colony police station and the case has been registered against the first defendant. The first defendant caused extensive damage to the property of the plaintiff to the tune of Rs.2,27,065/-. Due to heavy lose, the plaintiff is not in a position to complete the construction. The defendants again damaged the show-case glass by pelting stones and by driving car into the hotel and damaged the automatic glass door etc. The defendants 2 and 3 trespassed into the hotel and took away the cash of more than Rs.1 Lakh. In order to restore the original position, the plaintiff was forced to spend huge amount and for the injuries sustained to the employees, he has spent Rs.73,000/- towards medical expenses. Hence, the suit.