PARIPOORNAN
KOYA HAJI – Appellant
Versus
BHASKARAN – Respondent
1. S. A. No. 915 of 1979 is filed by defendants in O. S. No. 2 of 1974 of the Munsiff's Court, Kalpatta and S A. No. 957 of 1979 is filed by the defendants in O. S. No. 17 of 1974 of the Munsiff's Court, Kalpatta. The defendants in both the suits are the same, but the plaintiff in the two cases (respondent in the appeal) are different. The questions that arise for consideration in both the cases are similar. The suits were filed by the plaintiffs praying for the issue of a mandatory injunction to demolish a sun-shade encroaching upon the plaintiffs' respective properties and to restore the properties to their original condition. The plaintiffs in the two suits are the owners of adjacent properties of the defendants. Defendants put up three sun-shades to their room above the common partition wall, projecting over the rooms of the plaintiffs. The plaintiffs averred that the constructions were started when they were away and in their absence. On coming to know of the unauthorised construction over the common wall and the putting up of the sun-shades which resulted in encroachment of the plaintiffs' land, the plaintiffs protested. The defendants did not pay any heed to the
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