owner of the property is entitle to have his right exercisedd up to the sky - defendants shall remove the projection of the defendants' roof over suit property - rain water falling from the roof of the defendants is not falling into the suit property - defendant have right to white wash - repair their wall - defendant have easement right to go into the neighbours land.

Citation

CDJ 2011 MHC 858

Lakshman and others vs G.Ayyasamy

Head note

Civil Procedure Code - Order 41 Rule 33 - Indian Easements Act, 1882 - Sections 17, 4 and 15 - Indian Penal Code - Section 441 - second appeals are filed by the defendants to declare the defendants' easementary right of projection of eaves of their western tiled roof into the suit property - permanent injunction restraining the plaintiff from cutting down the projecting eaves and draining rain water falling there from into the suit property - trial Court dismissed the suit - appellate Court allowed the aerial projection of the defendants' roof to continue - Challenging and impugning the judgments and decree of the appellate Court, the defendants preferred the second appeal - High Court held defendants shall remove the projection of the defendants' roof over the suit property and make their own arrangements to see that the rain water falling from the roof of the defendants is not falling into the suit property - second appeals are disposed of.

Cases Referred:
1. Letang v. Cooper
2. Fowler v. Lanning,
3. L.DAMODARASWAMI NAIDU VS. S.T.DAMODARASWAMI NAIDU 1965 (II) M.L.J. 522
4. Kamalammal v. Chakravrthy
5. Bhagavatulu Subramanya Sastri v. Bhagavatula Lakshminarasimhan
6. N.KAMALAMMAL,WIFE OF A.MANJIA PILLAI V. S.CHAKRAARTHY AND OTHERS 1965 (II) M.L.J.241

Comparative Citations:
2011 (2) CTC 181, 2011 (2) LW 24, 2011 (6) MLJ 544

#easement