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1972 Supreme(Mad) 142

G.RAMANUJAM
P. V. Krishnaiar – Appellant
Versus
Perumal Nadar through his power Agent S. Pandian – Respondent


Advocates:
O. V. Baluswami, Manick and K. Ramalingam, for Appellant.
N. C. Raghavachari and N. S. Varadachari, for Respondent.

Judgment. —

The defendants are the appellants.

The respondent herein filed a suit substantially for three reliefs:

(1) for a declaration that the lane marked C D E F in the plaint plan is his exclusive property and for possession;

(2) for an injunction restraining the defendants from interfering with his right to drain water from his tiled roof situate on the eastern side of the lane, and also to have a free flow of light and air through the windows that exist on his western Wall shown as C.F. in the plaint plan, and, (3) for an injunction restraining the defendants from interfering with his possession of the lane south of the line A.F. and also from letting in their sullage water in a gutter situate in that lane.

2. The suit was resisted by defendants contending that the plaintiff is not the owner of the lane marked C D E F, that the said lane belonged to them exclusively, that the plaintiff has no easementary right over that lane, and that the lane south of the line A.F. is not the exclusive lane of the plaintiff, but a Municipal lane in which they have also a right to let in their sullage water.

3. On these pleadings, the trial Court held (1) that the title to the lane C D E F, thoug














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