( 1 ) APPELLANT was the plaintiff in the original suit before the trial court and being aggrieved by the Judgment and Decree of that court dismissing his suit for the reliefs claimed therein he has approached this court. Respondents-1 and 2 are wife and husband respectively were defendants-1 and 2 in the court below. The 3rd respondent- defendant-3 is the Bangalore City Corporation. Parties would be referred to in this appeal as described in the original suit. Plaintiff and defendant-2 are owners in possession of the respective properties which are situate side by side. In fact it is the 1st defendant who is the owner of their property having inherited the same from her father krishna Rao. The plaintiff was residing for some years prior to the suit at Nigeria on an assignment from the Government of India. His nephew living in his house property was managing it. When the 1st defendant succeeded to the estate of her father the proper- ty by the side of the plaintiffs property was only a ground-floor house with a staircase attached to it on the western side, i. e. to the east of the plaintiffs property. Having obtained sanction from the 3rd defendant the 1st defendant add