Document Fragment View
Fragment Information
Showing contexts for: projection of roof in Rathinavelu Mudaliar And Anr. vs Kolandavelu Pillai on 5 April, 1906Matching Fragments
2. It is contended before us on behalf of the appellant that though he may not have acquired any right under the Easements Act, yet as the cornice has been in existence for more than 12 years, the plaintiff is not entitled to interfere with it. The case in Mohanlal Jechand v. Amratlal Bechardas I.L.R. 3 Bom. 174 dearly supports the appellants. It was found in that case that the roof of the defendant's house overhanging the space which belonged to the plaintiff between that house and the plaintiff's to the extent of about 3 feet in width had been in that position for more than 20 years. The learned Judges considered that it was an occupation of space rather than an enjoyment of an easement and treating it as a case similar to the case of possession of an upper chamber of a house while the ownership and possession of the ground floor remains in another, held that the plaintiff could not after 12 years recover possession of the space occupied by the defendant's projecting roof.