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1988 Supreme(Mad) 31

V.RATNAM
R. Pandian – Appellant
Versus
Nagammal – Respondent


JUDGMENT

V. Ratnam, J.

1. The plaintiff in O.S. Nos. 68 of 1978. First Additional District Munsifs Court, Tiruchy. is the appellant in this second appeal. The appellant is the absolute owner of door No. 65, Bishop Road, Puthur, Tiruchy. The respondents, related as mother and son, are the owners of door No. 64, Bishop Road, Puthur, Tiruchy, situate immediately to the east of the house belonging to the appellant. The appellant claimed that the eastern wall of his house belonged absolutely to him as exclusive owner thereof and also by continuous possession and enjoyment and acquisition of prescriptive title thereto. According to the appellant, an ancient window existed in his eastern wall at a height of 12' and through that window, his predecessors - in- title and himself have been getting free air and light without any obstruction whatsoever for over the statutory period, that the respondents attempted to construct a building in their site and in that process, a wall close to the eastern wall of the appellant was about to be raised without any regard for the rights of the appellant and the respondents had also scooped about 9" inside the wall on the eastern side for about a length of 2












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