Chennai Court April 1906 Judgments

Rathinavelu Mudaliar and anr. Vs. Kolandavelu Pillai

Court: Chennai

Reported in: (1906)ILR29Mad511

Sankaran Nair, J.1. The defendant is the appellant. It is found by the lower Courts that the appellants's father having purchased the site in 1880, pulled down in 1883 the old dwelling houses and built a substantial terraced house which rose in height a good deal over the adjoining house of the plaintiff, his neighbour on the east. He constructed a cornice partly for decoration and partly as a protection against the weather for the lower part of the wall. It is nearly a foot beyond the wall and overhangs the ground between, belonging to the plaintiff and also the roof of his house. The ground it overhangs has been found to be in the possession of the plaintiff from 1883, and as the cornice has not been in existence for 20 years no easement has been acquired by the defendant; the lower Courts have accordingly declared that the plaintiff is entitled to remove the defendant's cornice when a new wall which the plaintiff is building reaches it, in BO far as it stands in his way of raising t...