LAWS(MAD)-2010-8-385

VADIVEL GOUNDER Vs. P SARASWATHI

Decided On August 18, 2010
VADIVEL GOUNDER Appellant
V/S
P. SARASWATHI Respondents

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 20.4.2005, made in A.S.No.11 of 2004, on the file of the Subordinate Court, Tirupur, confirming the judgment and decree, dated 31.12.2003, made in O.S.No.516 of 1995, on the file of the District Munsif Court, Tirupur.

(2.) THE plaintiffs in the suit, in O.S.No.516 of 1995, on the file of the District Munsif Court, Tirupur, are the appellants in the present second appeal. THE defendant in the said suit is the respondent herein.

(3.) IN the written statement filed on behalf of the defendant it had been stated that the averments and the allegations made in the plaint are false, frivolous, vexatious and unsustainable, both in law and on facts. It had been stated by the defendant that her predecessors-in-title were in absolute possession and enjoyment of their shares, in S.F.No.622/1 of Veerapandi Village in Tirupur Taluk. From 16.12.1974, as per the Document No.3796/1974, registered at the office of the Sub Registrar, Tirupur, the respondent has been in absolute possession and enjoyment of the suit property. By spending huge amounts of money she has made the land cultivable and she had also fenced the property, with wire fence, and has put up constructions therein. While so, one Pappal, who is a stooge of the first plaintiff, had attempted to interfere with the construction operations of the defendant.