S. RAMASWAMI Vs. H. G. V. SUBRAMANIAM

JUDGEMENT

(1.) The defendant in OS No. 10894 of 2009, who had suffered a decree for mandatory injunction and delivery of possession of an extent of about 218.75 sq. feet of land described in Schedule B to the plaint, upon the confirmation of the said judgment and decree of the Trial Court by the Appellate Court in AS No.374 of 2018, has come up with this Second Appeal.

(2.) The suit was laid by the respondent herein seeking the reliefs of permanent injunction, mandatory injunction for removal of the Wall in the B Schedule property and for delivery of vacant possession of the B Schedule property, claiming that the suit B Schedule property form part of the Suit A Schedule property which was settled on his father by his grandfather under a registered Settlement Deed dated 26.09.1974. The plaintiff further claimed that his father had settled the said property received by him under the registered Settlement Deed dated 26.09.1974 on the plaintiff by another registered Settlement Deed dated 10.10.2007.

(3.) According to the plaintiff, he studied and worked in the United States between November 1999 and August 2003. When he came back and wanted to renovate the property he found that the defendant, who is none else than his paternal uncle, had put up a compound Wall encroaching upon about 218.75 sq. feet of land. He sought for mandatory injunction to remove the compound wall put up by the defendant and recovery of possession.