KELAN RAYAPPAN Vs. YAGAPPAN NADAR

JUDGEMENT

(1.) The second appeal is by the defendant in a suit for putting a boundary wall between the plaintiffs northern plot and defendants southern plot and to remove portion of item 2 building belonging to the defendant to the extent it abuts into the plaintiffs plot. The plaint averred that there existed no common boundary and that the parties were not aware that item 2 had made at the time of its construction an incursion into plaintiffs plot. The plaintiff had got the property measured by the Taluk Office and the defendants refusal to abide by it had rendered the suit necessary.

(2.) The defendant in his written statement asserted that there was a boundary till 2 years previously and situate some short distance further to the north than item 2 building and the plaintiff had demolished the wall with dishonest motive; that any how the defendant was willing to have the boundary fixed with the help of the survey plans and put up the dividing wall in place as so ascertained.

(3.) The Trial Court had the help of a Commissioner to ascertain the limits of the respective holdings, not only with reference with the Taluk Plan produced by the plaintiff but also survey plan, though of the defendants holding alone produced by the defendant. The boundary was found ultimately in accordance with the Taluk Plan, so as to give rise to an inference that the defendant had built into the plaintiffs holding to a slight extent as claimed in the plaint and so decreed the suit. In first appeal before the court below the defendants only complaint was that the Commissioner had not properly fixed the boundary with reference to the survey plan. But the Judge was able to overrule the contention of the defendant before him in the light of the data gathered by the Commissioner. There was of course a question of limitation and adverse possession also raised by the defendant but it turned out to be not of much consequence because the defendant admitted that item 2 was built only 6 years before suit even less than the eight years which the plaintiff put for it.