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1968 Supreme(Mad) 163

A.ALAGIRISWAMI
K. S. Vaidyanathan – Appellant
Versus
Messrs. Buhari & Sons (P. ) Ltd. – Respondent


Advocates:
V. Tyagarajan and M. Ramachandran, for Appellants.
K. K. Venugopal and G. Narayanan, for Respondents.

Judgment.-

The plaintiffs are the appellants. They are the owners of what is called the S.I.R. Ice Factory No. 1, Whannels Road, Madras. They filed the suit for a declaration of their right of way along the red marked road in the plaint plan for access to three buildings marked as No. S-1, 2 and 3 in the plan and also for an injunction restraining the defendants from putting up a transformer, which would have the effect of interfering with the enjoyment by the plaintiffs of light and air for the said buildings. Both the Courts below have held against the plaintiffs.

The first plaintiff’s father purchased No. 1, Whannels Road, Egmore, Madras in 1911. The first plaintiff purchased No, 2, Whannels Road, Egmore, known as ‘Edinboro house ‘in 1914. The red marked road leads to Edinboro house from Whannels Road. The plaintiff’s claim was that this red marked road was the road for reaching the buildings marked as No. S-1, 2 and 3 in the plaint plan. The first plaintiff executed a settlement deed on 28th December, 1956 in favour of his son over Edinboro house and the son sold that property to the defendants. Building No. 2 has been in existence from 1911 and No. 1 from 1913 onwards. The acces






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