JUDGMENT :

1. This appeal is filed by the defendant in the suit O.S.691/1990 on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru. He has challenged the judgment and decree dated 18.09.1999 passed in the said suit.

2. By referring to the parties with respect to the position of each of them in the suit, the pleadings can be summarized as below:

The plaintiff is the owner of a house bearing No.203, Kamaraj Road, (Cavalry Road), Bengaluru – 42 and the defendant is the owner of the adjacent house bearing No.202. Towards the North of the plaintiff’s house, there is a compound, the height of which is eight feet and length fourteen feet from East to West. The roof of the defendant’s house was covered with asbestos sheets and its back portion of the roof rested on the plaintiff’s compound. This compound was not a common wall, but it belonged to plaintiff. The defendant did not have any wall on the Southern side of his house. This being the position, the defendant started demolishing his house and at that time caused damage to the plaintiff’s compound. It developed cracks. The plaintiff requested the defendant not to damage his wall, but the defendant threatened him. The plaintif