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1977 Supreme(Mad) 332

SURYAMURTHY
K. Mohideen Ibrahim – Appellant
Versus
M. Muhammed Abdullah – Respondent


Judgement

JUDGMENT :- This is an appeal by the plaintiff from the judgment and decree of the learned District Judge, Ramanathapuram at Madurai dismissing A. S. No. 121 of 1975 on the file of his court and confirming the judgment of the learned Subordinate Judge, Ramanathapuram at Madurai, dismissing O. S. 75 of 1973, a suit instituted by the plaintiff for declaration that the suit wall marked AB in the sketch annexed to the plaint is the exclusive wall of the plaintiff, for declaration that the plaintiff is entitled to right of easement for free flow of light and air through the windows marked W-3 to W-7 in the aforesaid sketch, for a permanent injunction restraining the defendant and his men from interfering in any way with the plaintiff' s right to light and air through the said windows and for a mandatory injunction directing the defendant to remove the terraced portion of the building immediately west of the windows W-1 and W-2 and the constructions put up by him west of the windows W-3 and W-4.

2. The house bearing door No. 97 in Periappallivasal St, Virudhunagar originally belonged to Kader Mohideen Rowther father of the plaintiff. The father of the plaintiff inherited a portio

















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