MARY Vs. VASANTHAKUMARI

JUDGEMENT

(1.) This second appeal is focussed animadverting upon the judgment and decree dated 09.06.2010 passed in A.S. No. 58 of 2009 by the learned Subordinate Judge, Poonamallee confirming the judgment and decree of the learned Principal District Munsif, Poonamalle in O.S. No. 1683 of 1988. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(3.) Challenging and impugning the judgments and decrees of both the Courts below, this Second Appeal has been filed on various grounds inter alia to the effect that the Defendants have been in possession and enjoyment of the suit property ever since 1954, but both the Courts below failed to take note of the same. The fact remains that the Defendants had put up thatched shed over the land concerned and that fact was also not considered by the Courts below. The Defendants were paying the land rent at the rate of Rs. 5/-per month in addition to having paid the rental advance of Rs. 3,000/-to the land owner and as such the superstructure belongs to the Defendant. These facts were not at all considered by the Courts below. The Defendants filed O.S. No. 749 of 1988 and obtained an order of injunction against the Respondent even in the year 1988.