D K MURTHY Vs. VENKATESUCHETTI

JUDGEMENT

(1.) This is a defendants'appeal. The plaintiff brought an actionagainst the defendants claiming declaration of title to the suit 'ABC' wall, direction to the defendants to remove the construction at point 'B' raised on the suit wall 'ABC' and an injunction restraining them from raising further construction on their site to the South of the well 'ABC and to the East of point'B'. The defendants did not dispute the title of plaintiff to the suit wall 'ABC.

(2.) It has been decided by both lower Courts as a matter of fact thatthe suit wall 'ABC' was constructed by the plaintiff and he has title to it.

(3.) It is not in dispute that the plaintiff and the defendants purchasedtheir respective sites from the common owner P.W. 2 in the year 1962. Thereafter the plaintiff constructed a terraced house in the cite purchased by him and also constructed suit wall 'ABC' which divides the two sites of the plaintiff and the defendants. Both the Courts found that the entire coastruction was made by the defendants in their own site and no part of the constructed portion rests on the 'ABC' wall of the plaintiff, as alleged by him.