H P NARASLMHAIAH Vs. T G KRISHNA MURTHY

JUDGEMENT

(1.) Heard the learned Counsel for the appellants. No representation on behalf of the respondent.

(2.) This second appeal is directed against the judgment of the learned Subordinate Judge, Adoni dated 13-12-1988 rendered in A.S. No.18 of 1984, under which the decree passed by the District Munsif, Adoni in O.S. No.238 of 1979 decreeing the plaintiffs suit for mandatory injunction for demolishing the structures erected on the wall of the plaintiffs has been modified and compensation to be paid by the defendant No.1 was directed to be enquired into.

(3.) The plaintiffs are the appellants-herein and the defendant No.l is the respondent herein. The plaintiffs filed- the suit O.S. No.238 Of 1979. The case.ot the plaintiffs is that the plaint -schedule wall was exclusively owned by them and that the defendant No.l without the consent of the plaintiffs raised certain structures on the suit wall and as such mandatory injunction for removal of those structures was sought. The plea of the-defendant No.l was that the wall did not belong exclusively to the plaintiffs and that it was a common wall belonging to the defendant No.l and the plaintiffs. It was pleaded that an earlier suit, filed on the same cause of action, was withdrawn and that the present suit was not maintainable. It is further pleaded that as the plaintiffs have not come to the Court with clean hands inasmuch as' they permitted the defendant No.l to make construction and in view of this the plaintiffs are not entitled for discretionary relief of mandatory injunction.