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1968 Supreme(Mad) 300

VEERASWAMI, ALAGIRISWAMI
Bank of India Ltd. , Madras – Appellant
Versus
Sarathy Brothers – Respondent


Advocates:
C. N. S. Chengalvarayan, for Appellants; T. T. Srinivasan, A. N. Rangaswami and A. R. Krishnaswami, for Respondents.

Judgement

VEERASWAMI, J. :- These are connected Second appeals by the second defendant, Bank of India Ltd., from a common judgment of the First Additional Judge, City Civil Court, Madras, who disagreed with the trial Court and decreed the suits as prayed for. They were instituted each by a tenant of portions of 'Lecotts Buildings', 26 Errabalu Chetti St. G. T. Madras, for an injunction restraining the defendants from causing any obstruction to the use and enjoyment of the passage leading to Errabalu Chetty Street from the portion in the occupation of each of the plaintiffs. Two of the plaintiffs became tenants prior to 26th June 1961 and the other after that date. The entire premises originally belonged to the Chrome Leather Co. (P.) Ltd. (first defendant). On 26th June 1961, the first defendant sold the front portion of the premises inclusive of its entire frontage on Errabalu Chetti Street for a handsome price. The second defendant decided to demolish portions of the premises purchased by them and construct anew at an estimated cost of some lakhs of rupees. The proposal involved demolition and closure of the main entrance of the premises from Errabalu Chetti Street which not only






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