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1982 Supreme(Ker) 167

P.SUBRAMONIAN POTI
K. J. JACOB – Appellant
Versus
NANDAGOPALAN – Respondent


Judgment :-

1. The right to lateral support is a right recognised in law as between owners of adjacent lands. No owner of a land can treat his land in such a manner as to remove the lateral support from the adjoining land or to impair it substantially so as to cause subsidence of land of the adjoining owner. Such subsidence would be caused by an owner of land removing the soil from his land on the boundary of his property to an appreciable degree unless it be that his property is on a higher level and the soil is removed therefrom so as to bring it down to the level of the land of the adjoining owner. Otherwise the removal of the soil would result in the caving in of portions of the land of the adjoining owner and would infringe the right of lateral support of such owner. Any person who is threatened with injury to his right of lateral support could seek an injunction from a civil court to restrain such an act and in appropriate cases where the injury had already been caused a mandatory injunction may issue to restore the lateral support by any means the court finds feasible.

2. In the case before me the plaintiff complained that the defendants had been removing the soil from their

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