VANGA RAMANUJAYYA Vs. ATYAM SURYANARAYAN MURTHY

JUDGEMENT

(1.) The defendant in O.S.No.216 of 1984 on the file of the District Munsif, Palakol filed this second appeal, aggrieved by the decree passed against him by the trial Court and affirmation of the same by the Court of the Subordinate Judge, Narsapur in A.S.No.15 of 1988. The respondent and the appellant are the owners of neighbouring buildings. While the respondent is said to have purchased his property in the year 1912, the appellant purchased his property in the year 1958. The respondent filed the suit for injunction to restrain the appellant from making any construction in the first floor. He alleged that the buildings are adjacent to each other and construction of the first floor by the appellant would result in prevention of passage of light and air completely. Necessary particulars of the openings and ventilators of the properties were furnished.

(2.) The appellant resisted the suit by stating that the respondent does not have any easementary right against him and that he is entitled to construct on the first floor. It was also pleaded that since the buildings are situated in a highly commercial locality, it is not possible to leave any open space at all.

(3.) Through its judgment, dated 23/5/1988, the trial Court passed a decree to the effect that the appellant shall not make any construction on the first floor of his premises, except by leaving 5' towards the building of the respodent. Aaarieved therebv. the appellant fifed A.S.No.15 of 1988 in the Court of the Subordinate Judge, Narsapur. The appeal was dismissed on 7/3/1994.