LAXMI BAI Vs. K KOMARAIAH

JUDGEMENT

(1.) The judgement and decree dated 9-3-1995 passed in AS No.30 of 1992 by the Additional Chief Judge (Temp), City Civil Court, Hyderabad confirming the judgment and decree passed on 26-8-1991 in OS No.2060 of 1986 by the III Assistant Judge, City Civil Court, Hyderabad are in challenge in this second appeal.

(2.) The appellants are the defendants and the respondent is the plaintiff in the suit. The suit was filed for grant of mandatory injunction directing the defendants to provide a minimum space of 5 feet within their compound wall and also to close down the ventilators on ground floor portion and windows and stair case on the ground that the construction was made violating the municipal rules and bye-laws and affecting the right of privacy and ease mentary right of passage. Defendants resisted the suit denying such right of the plaintiff and violation of any building bye-laws. The details of the averments and the defence are to be found in the judgment of both the Courts below. The following issues were raised by the trial Court.

(3.) During the trial the plaintiff examined himself as PW1 and another witness, PW2. Exs.A1 to A12 were marked on his behalf. DW1 and DW2 were examined on behalf of the defendants and Exs.B1 to B12 were marked on their behalf. After hearing both sides and with the material on record, the Courts below have consistently held that the construction put up by the defendants was in violation of the municipal bye-laws and also obstructed the right of passage to go to the house of the plaintiff but did not give any relief in regard to those rights because the municipality was not a party. However, it was held that the construction of the defendants violated the right of privacy of the plaintiff in using the toilet as there is deviation from the sanctioned plan. Aggrieved by the same, this appeal is preferred by the defendants.