BALASUBRAMANIAM Vs. PONNUSAMY

JUDGEMENT

(1.) This Second Appeal has been filed against the Judgement and Decree dated 24.07.2009 passed in A.S.No.185 of 2008 on the file of the Subordinate Judge's Court at Tiruchengode, confirming the judgement and decree dated 31.03.2008 passed in O.S.No.97 of 1998 on the file of the District Munsif Court, Tiruchengode.

(2.) The Appellant is the plaintiff in the suit.

(3.) The plaintiff is in enjoyment of the lands in village Natham old Survey No.22/3A1 corresponding to new Survey No.500/6 comprising an extent of 0.0375.0 sq.mt. In Illupuli Panchayat, he has constructed a tiled house bearing Door No.9/60. The land in old S.No.22/3A1 corresponding to the new S.No.500/7 in an extent of 0.0210.0 sq.mt was in enjoyment of one Chinnaiya Pillai and Thiyagarajan. Patta is also granted in the favour of them. On 27.11.1995, Chinnaiya Pillai and Thiyagarajan sold the above said site in favour of the plaintiff and executed a sale deed on 27.11.1995. The defendant who is the adjoining land owner in S.No.500/8 situated on the eastern side of the plaintiff's suit property. He has also got patta to his land in S.No.500/8. Since the plaintiff's vendor refused to purchase the suit property, the defendant started to make unlawful attempts to trespass into the suit property and encroached the same. Hence the plaintiff has filed the suit for declaration of title and permanent injunction. During the pendency of the suit, the defendant constructed asbestos sheet building, erected compound wall, borewell and effected other improvements and changes in the suit property by trespassing into it. Hence the suit is amended to include the prayer for mandatory injunction to remove the same.