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2015 Supreme(Ker) 630

A.HARIPRASAD
THAMBI CHERIYAN – Appellant
Versus
BABU – Respondent


Advocates Appeared:
For the Appellant : SRI.K.RAMACHANDRAN, SRI.P.RAMACHANDRAN, SMT.S.JAYASREE.
For the Respondents: SRI.T.N.MANOJ.

JUDGMENT :

This regular second appeal raises important questions of law. Does the law permit a person to claim unhindered or unobstructed prospect or view to any building (here a commercial building) as a matter of right ? Can a person claim a decree for permanent prohibitory injunction based on the alleged violation of such a right ?

2. Heard Sri.K.Ramachandran, learned counsel for the appellant and Sri.T.N.Manoj, learned counsel for the respondent.

3. The defendant in a suit for such a relief is the appellant and the plaintiff, the respondent. Parties are hereinafter referred to as the plaintiff and defendant. Decree passed by the trial court, which was confirmed in appeal, reads thus :

" That the defendant and his men are restrained by permanent prohibitory injunction from installing any new fixtures or stair case infront of the plaintiff's plaint schedule shop room causing any hindrance or obstructions to the view, vicinity or access to the plaint schedule shop room."

4. Even though in the plaint a right to have an unhindered or unobstructed vicinity is also claimed and the same was allowed by the courts below, the learned counsel for the plaintiff fairly conceded that there is no l





















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