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1953 Supreme(Mad) 42

RAMASWAMI GOUNDER
Moidin Kunhi Beavy – Appellant
Versus
K. Gopalakrishna Mallayya, minor – Respondent


Advocates:
B. Pocker and P.A.Q. Meeran for Appellants.
K. Vittal Rao for Respondents.

Judgment.-

This is an appeal preferred against the decree and judgment of the learned Subordinate Judge of South Kanara, in A.S. No. 203 of 1946, confirming the decree and judgment of the learned District Munsiff of Kasargod in O.S. No. 503 of 1944.

The established facts are: The plaintiffs have constructed a shop and a building in 1930 and adjoining their premises there was vacant poromboke land. Defendants have occupied this poromboke land and have put up a building, a portion of which they are using as a coffee hotel. There is no dispute that this was long subsequent to the construction of shop and building by the plaintiffs. In putting up that building, the defendants who are trespassers upon the poromboke property have done the following things. They have interfered with the walls of the plaintiff’s shop and building in order to raise their roof. In addition they have so put up their roof that they have practically cut off light and free air which used to enter the plaintiff’s upstairs through the windows U and R; they have also constructed an oven in room L-2 and the smoke and offensive smell emanating therefrom gets through these windows into the upstairs of the plaintiffs’ sh




































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