1. Theunsuccessful defendant before the courts below has filed this second appeal.

2. The respondent/plaintiff filed cross objection aggrieved only by not granting decree for mandatory injunction.

3. The plaintiff filed a suit in O.S.No.2220 of 1981 on the file of the District Munsif Court, Tiruchirappalli for declaration of his title to the suit property, for mandatory injunction to remove the pipeline and for permanent injunction restraining the defendant from letting out obnoxious substances through the pipeline into the open drain in front of the suit property.

4. According to the plaintiff he is the absolute owner of ‘A’ schedule property. The defendant is the owner of ‘B’ schedule property. Plaintiff is entitled to 16 ft. east-west which include eastern wall of the plaintiff s house. Defendant is entitled to 12 ft. east-west of his property, and therefore the western wall does not belong to him. Taking advantage of the absence of the vendors of the plaintiff, defendant had put up rain pipe abutting the eastern wall of the plaintiff towards northern side and extended the eastern wall of the plaintiff towards north and thereby trespassed into the North Andar Street.