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1955 Supreme(Ker) 79

SANKARAN, JOSEPH
Philip – Appellant
Versus
Annaswamy Iyer – Respondent


Judgment :-

1. This is a Second Appeal by the defendant whose resistance to the plaintiff's suit proved unsuccessful in both the lower courts. The dispute between the parties relates to the right in respect of a wall standing between the properties owned by them. This wall is described in the B schedule attached to the plaint. The property described in the A schedule is the property to the plaintiff. The plaintiff's property is comprised in S.No. 977 while the defendant's property is comprised in S. No. 976. According to the plaintiff the wall described in the B schedule is within S. No. 977. His complaint is that the defendant is unauthorisedly interfering with this wall by raising its height to suit his convenience in connection with the construction of the upper storey of his building situated in S. No. 976. Since the defendant was disregarding the protest made by the plaintiff and was bent upon proceeding with the work of raising the height of the wall the present suit was instituted for a declaration of the plaintiff's title to the wall and for an injunction to restrain the defendant from interfering with the wall in the manner already stated. Subsequent to the institution of






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