S. VISWANATHAN Vs. S. THANGARAJ

JUDGEMENT

(1.) SECOND Appeal has been preferred against the judgment and decree dated 9.12.2004 made in A.S.No.162 of 2003 on the file of the I Additional Sub -Court, Madurai reversing the judgment and decree dated 29.4.2003 made in O.S.No.135 of 2002 on the file of the District Munsif Court, Melur.

(2.) O .S.No.135 of 2002 has been filed for bare injunction.

(3.) THE brief facts of the case is as follows: The suit property, 50 feet east west and 32. feet north south in old Survey No.17 New Survey No.137, originally, belong to one K.P.Sangili Konar and K.G.Sangili Konar, who are brothers. They partitioned the property in equal half on east and west. The western half was allotted to K.P.Sangili Konar, who is the father of the plaintiff and one Irulappan. The eastern portion was allotted to the other brother K.G.Sangili Konar, who is the second defendant and the first defendant is his son. The sons of K.P.Sangili Konar, the plaintiff and Irulappan, partitioned the property between themselves and the plaintiff was allotted east west 25 feet on north south 16 feet. The plaintiff constructed a house leaving vacant space of 2 feet on the east and on further east the defendants share lies. However, the defendants are interfering with the 2 feet vacant space immediately adjacent to the plaintiff's eastern wall and therefore, the suit is filed for bare injunction.