A YAGAPPAN Vs. A AROCKIASAMY ALIAS THAMBI AROCKIAM

JUDGEMENT

(1.) THE defendant in the original suit is the appellant in the second appeal. O.S.No.542 of 2002 was filed by the respondent herein against the appellant herein for the relief of permanent injunction not to interfere with the respondent's/plaintiff's enjoyment of the suit property shown as 'ABCD' in the plaint plan.

(2.) A small stretch of land measuring North-South 5 feet and East-West 42 feet lying on the North of the plaintiff's residential house comprised in old S.No.520/1 (new S.No.895/34) is shown as the suit property. The northern boundary of the suit property is shown to be the open space belonging to the appellant/ defendant having a width of 1 foot and east-west length of 42 feet, beyond the north of which the house of the appellant/defendant has been constructed.

(3.) THE trial court framed necessary issues and tried the suit. In the trial, four witnesses were examined as P.Ws 1 to 4 and ExS.A1 to A4 were marked on the side of the respondent herein/plaintiff, Whereas, only one witness was examined as D.W.1 and three documents were marked as Ex.B1 to Ex.B3 on the side of the appellant herein/defendant. One more document relating to the survey measurements taken for the property of the appellant/defendant, which was summoned from the Tahsildar was marked as Ex.X1.