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1958 Supreme(Ker) 163

G.KUMARA PILLAI, C.A.VAIDIALINGAM
Gopalakrishna Panicker – Appellant
Versus
Thirunakkara Devaswom – Respondent


Advocates:
C.K. Sivasankara Panicker, for Appellant; V.G. Sankaranarayana Pillai, for Respondent.

Judgement

C. A. VAIDIALINGAM, J. :- The second defendant appeals against the decree of the learned Second Additional District Judge of Kottayam awarding damages to the plaintiff in the sum of Rs. 2,205/- and proportionate costs.

2. First defendant is the wife of the second defendant the appellant. The plaintiff and the defendants are adjoining property owners, the defendants property being immediately on the north of that of the plaintiff. The plaintiff constructed a wall on their property on their northern boundary separating their compound from that of the defendants, The defendants, according to the plaintiff, quarried the stones from their property which resulted in the deprivation of the lateral support to the plaintiffs compound wait.

As a result of the action of the defendants, the northern wall and the kitchen buildings belonging to the plaintiff, have developed very serious cracks and are in danger of falling down at any moment. The defendants are liable in law for the damages so caused to the plaintiff. The plaintiff claimed a sum of Rs. 9,910/- on the basis of an estimate prepared by their Works Department in respect of the compound wall and the kitchen.

3. The first defenda




















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