THOLAN @ CHINNATHAMBI Vs. GOPAL

JUDGEMENT

(1.) Defeated defendant is the appellant herein. The respondent / plaintiff filed O.S.No.30/1998 on the file of District Munsif-cum-Judicial Magistrate, Vaniyambadi for a declaration of his right and title in the suit property and for permanent injunction and also for mandatory injunction in respect of 10 cents of agricultural land.

(2.) The defendant / appellant filed written statement denying the right of the plaintiff inter-alia contending that the ridges between the properties are not straight as stated in the plaint but there was a curve towards the plaintiff's area and the land of the defendant is on a higher level and he is in possession of the portion measuring 4 cents wherein, he has planted 13 coconut trees for more than 17 years and he has perfected the title to the above said encroached portion by adverse possession and also disputed the other reliefs. After trial, the suit was decreed and appeal was dismissed. Hence, the second appeal.

(3.) The above second appeal was admitted on the following substantial questions of law:-