MANOHAR LAL Vs. A.KANNAN

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the trial Court and the first appellate Court granting permanent injunction and mandatory injunction, the present Second Appeal has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) Brief facts of the plaintiff case is as follows : The plaintiff is the owner of the property bearing door No.152, Chellappa Mudali Street, facing Strahans Road, Madras - 12. Ever since the date of purchase, he is in possession and enjoyment of the property. The access to the plaintiff 's property from Strahans Road is through a passage on the eastern side of his property. The defendant has purchased a portion of the property in R.S.No.2836 bearing Door No.148 shown as ABCD in the plan attached to the plaint. The defendant has put up construction in the property purchased by him in Door No.148 flux with the property belonging to the plaintiff without leaving any space in between the properties and the plaintiff reliably understands that the first defendant has not obtained any sanction or permission from the second and third defendants. The plaintiff in order to have a cordial relationship with the defendant believed his assurance that he will not put up any ventilators or doors on the western side wall. However, the first defendant had put up 3 grills and 3 ventilators and six ventilators and two windows and one opening in the first floor on the western side wall. Besides, the defendant had also encroached 6 inches in the plaintiff 's property. The construction has been put up by the first defendant without leaving any space between two properties on all sides as provided by municipal regulations. The defendant has no right to make any openings doors, windows, grills and ventilators on the western wall belonging to the plaintiff.