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1986 Supreme(Mad) 365

V.RATNAM
Bharathamatha Desiya Sangam Madhavaram and Another – Appellant
Versus
Roja Sundaram and Others – Respondent


Advocates Appeared:R. Alagar, V. Manivanna, Advocates.

Judgment :-

Defendants 2 and 3 in O. S. No. 529 of 1973, District Munsiff's Court Thiruvallur, are the appellants in this second appeal. That suit was laid by the first respondent herein against the appellants and respondents 2 and 3 for a declaration of his right of uninterrupted access to Sundara Vinayagar Koil Street, Madhavaram, all along the length of the suit property from West to East measuring 118 links and right of frontage to the suit property and his right of receiving light and air without any interruption by appellants and respondents 2 and 3 and for a mandatory injunction for the removal of the superstructures and fences erected by the appellants and respondents 2 and 3 north of the suit property on a portion of Sundara Vinayakar Koil Street.

2. A reference to the plan of the Commissioner marked as Exhibit C-2 in the proceedings would be helpful in understanding and appreciating the dispute between the parties. The property described as A B C D in Exhibit C-2 belongs to the first respondent and there is no dispute regarding its ownership in the first respondent. To the north of the boundary A D of the property of the first respondent is an open space which belongs to t










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