KRISHNAN Vs. ANUSUYA

JUDGEMENT

(1.) BEING dissatisfied with the Judgment and Decree dated 08.02.2002 and made in A.S.No.68 of 2001, on the file of the learned III Additional District Judge at Pondicherry, confirming the Judgment and Decree dated 20.09.2001 and made in O.S.No.110 of 1999, on the file of the learned Principal District Munsif, Pondicherry, the plaintiff has filed this second appeal.

(2.) THE plaintiff had filed the suit, praying for a judgment and decree: a) declaring that he is the absolute owner of the B-schedule property, which is a portion of A-schedule property, b) restraining the defendants, their men or agents from interfering with his peaceful possession and enjoyment in respect of B-schedule property,

(3.) WHEN the matter stood thus, the defendants were trying to remove the eastern fence of the suit property by force and violence on 31.01.1999. The defendants were also trying to dispossess the property on the eastern portion of the property measuring 1 Metre breadth and 27.6 Meters in length as detailed in the sketch appended to the plaint and described in the plaint B-schedule property. Since the defendants have disputed the title of the plaintiff over the B-schedule property, the plaintiff was constrained to tile the suit.