Present: De Sampayo and Porter JJ.

SEGO MADAR v. MAKEEN.

496-D. C. Colombo, 1,054.

    Injunction-Building on another's land-Order to remove encroachment- Damages.

Defendant brake down an old house and built a new one, and in doing so encroached on a small strip of unbuilt land belonging to the plaintiff. Plaintiff prayed for an injunction to compel the defendant to remove the building and restore the strip of land.

Held, that in the circumstances if the plaintiff could be compensated by way of damages, the injunction should not be granted.

THE plaintiff was the owner of the house bearing assessment No. 22c as shown in the plan B filed of record, whilst defendant was the owner of the house to the north bearing assessment No. 22B.

Defendant pulled down his old building for the purpose of erecting a new one on its site, and in the course of such erection he broke and dug into plaintiff's wall and wrongfully blocked a door leading into a room in plaintiff's house and also cut a portion of the eaves of his roof. Plaintiff also complained that defendant encroached on his premises to the extent of about 14 inches at its widest part. He valu