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1977 Supreme(Mad) 9

V.BALASUBRAHMANYAN
Md. Salih Sahib – Appellant
Versus
T. C. Adam Sahib – Respondent


Advocates:
T. Rangaswami Iyengar, for Petitioner.
B. Lakshminarayana Reddy, for Respondent.

ORDER:-One Salih Sahib, whom I shall hereafter refer to as the plaintiff, filed a suit against one Adam Sahib, whom I shall call the defendant, in the District Munsiff’s Court, Chingleput in the following circumstances. The plaintiff is the owner of a piece of land bearing S. No. 21 of an extent of 4 acres and 60 cents in Panaiyur Village, Madurantakam Taluk. Hereafter I shall refer to this land as the suit land. The defendant owns the land bearing S. No. 20. This land lies immediately to the north of the suit land. A ridge had always separated, and still separates, the two lands, S. No. 21 and S. No. 20. The plaintiff sued the defendant, complaining’ that on 2nd July, 1971 the defendant high-handedly trespassed on the ridge. According to the averment in the plaint. the defendant’s trespass consisted in simply reducing the width of the ridge. The original width of the ridge, it was stated, was 1¼ feet. The complaint was that this was reduced by the defendant to ½ feet. The plaintiff claimed that be was entitled to a ridge with a width of 1¼ feet. The suit was accordingly filed for the grant of a mandatory injunction directing the defendant to restore the ridge to its original condi















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