KALAMANI Vs. COMMISSIONER, BAHOUR COMMUNE PANCHAYAT
LAWS(MAD)-2019-3-147
HIGH COURT OF MADRAS
Decided on March 11,2019

KALAMANI Appellant
VERSUS
Commissioner, Bahour Commune Panchayat Respondents

JUDGEMENT

T.Ravindran, J. - (1.) Challenge in this Second Appeal is made to the judgment and decree dated 29.04.2002 passed in A.S.No.97 of 2000 on the file of the II Additional District Court, Pondicherry confirming the judgment and decree dated 27.06.2000 passed in O.S.No.135 of 1999 on the file of the Additional District Munsif Court, Pondicherry.
(2.) The second appeal has been admitted on the following substantial questions of law: (a) That the Courts below are right in decreeing the suit for mandatory injunction directing the removal of water pipe line when the B schedule property is commonly enjoyed by both the plaintiff and the defendant? (b) When Ex.A2 speaks of a pathway of the southern side of the property purchased under it and when the same is in existence for over 90 years, are the courts below right in granting or declaratory relied upsetting the rights of the owners of the adjoining land of the eastern side of the plaintiff's property? (c) Whether the Courts below are right in decreeing the suit for mandatory injunction contrary to the principle set out in 1981 Mad page 220 and 1997 Mad page 342? (d) Whether the Courts below are right in exercising the jurisdiction under section 37 of the Specific Relief Act directing the removal of water pipe lines, when the plaintiff has not established and injury to his right?
(3.) Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of case in detail.;


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