M MAHALINGAM Vs. ABDUL BARI

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 7.9.2006, made in A.S.No.57 of 2006, on the file of the Principal Subordinate Court, Myladuthurai, reversing the judgment and decree, dated 29.9.2005, made in O.S.No.542 of 1998, on the file of the Additional District Munsif Court, Myladuthurai.

(2.) THE defendant in the suit, in O.S.No.542 of 1998, is the appellant in the present second appeal. THE plaintiff in the said suit is the respondent herein. THE suit had been filed praying for a decree, directing the defendant to deliver possession of the suit property, to pay the sum of Rs.1,000/-, being the value of the bamboo cut and carried away by the defendant, from the suit property, and to direct the defendant to pay the future mesne profits, and for costs.

(3.) IN the written statement filed by the defendant, the averments and allegations made in the plaint had been denied. It had also been stated that the suit filed, for recovery of possession, is not maintainable, either in law or on facts. It had also been stated that the description of the property, boundaries and the extent, as given in the plaint, are incorrect. The plaintiff had suppressed the fact regarding the existence of a residential hut in the suit property. It is not correct to say that the plaintiff has been enjoying the suit property, along with the standing trees therein. The plaintiff should prove his title and possession regarding the suit property.