SABBU YELLA ANJANEYULU Vs. UPPARI LAKSHMANNA

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree in A.S. No. 103 of 1988, on the file of the Court of Subordinate Judge, Nandyal, reversing the judgment and the decree passed by the Court of the Principal District Munsif, Nandyal in O.S.No.294 of 1983.

(2.) For the sake of convenience, I would hereinafter refer the parties as they are arrayed in the trial Court.

(3.) Plaintiff filed the suit against the defendant seeking a decree of perpetual injunction restraining the defendant from opening spout No.2 in CD wall and for a mandatory injunction for removal of spout No.l of the CD wall as shown in the plaint plan, alleging that the defendant has while reconstructing his house, after demolition of the old house, raised the height of his roof and had fixed S-1 spout and is about to open S2 spout for discharging rain water falling on his roof, on to the roof of his house though he has no such right as prior to reconstruction of his house the rain water from house of the defendant was being discharged towards east.