V. SIVARAJ Vs. SENTHIL KUMAR

JUDGEMENT

(1.) Heard the Learned Counsel for the appellant and the Learned Counsel for the respondent.

(2.) The plaintiff in the suit who lost his case before the Courts below is the Appellant herein. The suit was filed for declaration and permanent injunction in respect of a wall morefully described under schedule B of the plaint.

(3.) The case of the plaintiff/appellant is that, a total extent of 13 cents in S.No.8/8 of the Mettupalaym Village in Panamalai Madura, Villupuram District was divided into three portions. The southern portion to an extent of 4 cents out of 13 cents is the property of the defendant. The northern portion of 4 cents out of 13 cents belongs to one Sakthivel. In between these two portions 4 cents was purchased by the father of the plaintiff, on 26.04.1937. By virtue of registered settlement deed dated 16.08.1957 same was settled in favour of plaintiff. In the year 1979, when the plaintiff intended to built a house in 'A' schedule property, he entered into an oral agreement with one Kamalam (defendant's mother) and her sister Pappammal to built a 1 feet width wall on the southern side of 'A' schedule property. Kamalam and Pappammal had agreed to give an extent of 6 inches ( feet) to built a join wall, for which the plaintiff had executed an unregistered unilateral agreement dated 16.06.1979. Though the agreement was entered, it was not given effect. Therefore, the plaintiff, in his own land had constructed 1 feet wall on the southern side of his land. On the south of the 'B' schedule wall, the plaintiff has constructed two shops on the western side and a house on eastern side. He also left out a lane of 3 feet South-North to have passage to the Eastern portion.