K R RAMASAMI Vs. SARASWATHI & ORS

JUDGEMENT

(1.) The appellant K.R. Ramasamy purchased a property from P.A.P.K.Alagarsamy, who was son of Kuppusamy, on 16.09.1985. He purchased an area of 1253 Sq.ft. from Survery Nos. 156, 109(Part) and 121(Part). Finding an encroachment on the property, he sued the defendants for removal of the encroachment. That suit was dismissed by the Trial Court as well as the High Court, which found that there was a confusion about the survey Nos., which K.R.Ramasami had purchased and that the defendants property could not clearly be said to be at the survey Nos. which he had purchased. The suit was accordingly, dismissed. Appeal filed by K.R. Ramasami was dismissed by the High Court. Against that judgment and order passed by the High Court, the present appeal is preferred.

(2.) It is clear from the sale deed that property was purchased by K.R.Ramasami from Survey Nos. 156, 109(Part) and 121(Part) admeasuring 1253 Sq. ft. Having purchased this property, what was necessary to be seen is whether the portion allegedly encroached upon by the defandants was part of these survey Nos.

(3.) Learned counsel for the appellant pointed out a Commissioner's report dated, 23.11.1990 which clearly suggests that (a) respondents 1 to 3 are residing in a hut which is in new Survey No. 125/3B2 which corresponds to old survey No. 109/B1 and 121(part); (b) respondents 4 and 5 are occupying survey No. 125/3B2 which corresponds to old survey No. 109/B1(part) and 121(part) and further in a portion which is part of 124/2B which corresponds to old survey No. 156(Part).