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1950 Supreme(Mad) 137

RAGHAVA RAO
S. K. Murugesa Mudaly – Appellant
Versus
Baruda Arunagiri Mudaly – Respondent


Advocates:
S. Ramachandra Aiyar for Appellant.
K. Srinivasan for Respondents.

Judgment

This second appeal arises out of a suit for a declaration of the plaintiff’s right of way across a public street, for a direction to the defendants to remove the obstructions put up by them on the street, and for a permanent injunction to restrain the defendants from obstructing the plaintiff in using the public street as such. The only answer to the suit which requires consideration in this second appeal is that it was not maintainable without the consent of the Advocate-General in the absence of any special damage sustained by the plaintiff. The defence was rejected by the District Munsif of Sholinghur and the suit decreed on his finding that the plaintiff had suffered special damage. This finding was reversed on appeal by the learned Subordinate Judge of Chittoor who accordingly dismissed the suit. The plaintiff appeals.

The plaintiff and certain others are residents of the Big Street in Narasinga-puram, Arkonam taluk. The backyards of their houses reach up to the Othavadai street of the same place marked A B C D in the plan attached to the plaint. Some owners have doorways leading to Othavadai street from their backyards and some others have not. likewise, some of them h














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