SUNDARAJAN ALIAS PICHAIKARAN Vs. AANJI

JUDGEMENT

(1.) The appellant is the successful plaintiff in the suit in O.S. No. 307 of 1994 on the file of the Principal District Munsif Court, Arni. This appeal is preferred by the appellant against the judgment and decree dated 08.08.2006 passed in A.S. No. 20 of 2002 filed by the respondent herein, remanding the matter to the trial court for fresh disposal.

(2.) According to the appellant, the suit in O.S. No. 307 of 1994 was filed by him against the defendants for the following relief:-

(3.) According to the appellant, the property belonged to his mother Peruma Ammal @ Selvam and she has purchased the same by means of a registered sale deed dated 02.05.1960. The said Peruma Ammal @ Selvam died in the year 1983 and her husband pre-deceased her. On the death of his mother, her sons namely the appellant and one another son Thangarajan were in joint possession of the 'A' schedule property. The appellant, being the eldest son, as Manager and Kartha of the joint family, managing the family property and the appellant was in open, continuous and uninterrupted possession and enjoyment of the property. In the 'A' schedule property, the appellant left open space on the Eastern and Western side and the Western side is specifically left out with an intention to drain the roof rain water as well as for repairing the wall, roof etc., which is described as 'B' schedule in the plaint. The 'B' schedule property forms part and parcel of the 'A' schedule property. The defendants in the suit are pangalis and their house is situate on the west of the 'B' schedule property. On 22.04.1994, the defendants suddenly encroached on the northern side of the 'B' schedule property which is morefully shown as E F G H in the plaint plan and put up some structures day and night continuously. The defendants have also intended to encroach upon the remaining 'B' schedule property.