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2023 Supreme(Online)(MAD) 627

HIGH COURT OF MADRAS
Honourable Mr.Justice C.KUMARAPPAN
S.JAI KRISHNAN – Appellant
Versus
JIMMI CARTER – Respondent


J U D G M E N T

The instant second appeal has been filed at the instance of the first defendant.

2. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.

The brief facts, which give rise to this second appeal are as follows:

3. According to the Plaintiff, he is the owner of the suit property comprised in S.No.2199, 22/1 in Block N.41, Ward No.4 in Nagapattinam. The first defendant has purchased a house on the western side of the above said property in S.No.2200. The first defendant's house was adjacent to the plaintiff's main wall, in which the roof of the plaintiff was resting. The first defendant has made an arrangement to remove the tiled roof and to put up RCC construction. Since the house of the plaintiff is very old, and the western main wall is made up of clay and mud, he requested the first defendant not to raise pillars nearer to the plaintiff's western main wall, and also requested him not to have any window on the eastern wall of his house, as the same would endangers the privacy of the plaintiff. It was the specific submission of the plaintiff that, at the time of construction, the first defendant had agre

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