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1967 Supreme(AP) 9

A.GOPAL RAO
Garuda Satyanarayana – Appellant
Versus
Grandhi Venkatachalapathi Rao – Respondent


A. GOPAL RAO, J.

( 1 ) THIS second appeal is filed by the 2nd plaintiff, whose suit has been dismissed by both the Courts below.

( 2 ) THE necessary facts in order to appreciate the contentions raised before me are that the 2nd plaintiff, who purchased the building from the official Receiver, the 1st plaintiff, instituted the present suit firstly for a declaration that the lane marked AKJH in the suit plan is joint: secondly, for a declaration that the landing space and a space of 2 feet beyond to the 2nd plaintiff; and thirdly for a declaration that he has got right of easement to light and air to all the doors and windows and finally for a mandatory injunction directing the defendant to demolish the wall B H-2 raised unauthorisedly by him. It was alleged inter alia that G. Krishnamurthy was the owner of a house situated in the main road. Anakapalle described in the plan attached to the plaint. It was the ancestral property of the said Krishnamurthy and his brothers. IN a partition, the said building fell to the share of G. Krishnamurthy. This Krishnamurthy was adjudged as insolvent in I. P. No. 5 of 1955 by the Subordinate Judges Court. Visakhapatnam and his properties consequentl























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