RAMALINGAM Vs. CHINNAKUNJU

JUDGEMENT

(1.) The unsuccessful plaintiff before both the courts below, has filed the present Second Appeal. During the pendency of this appeal, the appellant/plaintiff died and his legal heirs were impleaded as appellants 2 to 5.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court and in appropriate places, their ranking in the present appeal would also be indicated.

(3.) The brief facts of the case of the appellant/plaintiff are as follows: The suit properties were originally owned by one Kanagasabai and he executed a sale deed dated 09.09.1957 (Ex.A2) in favour of the plaintiff's father. A house was built up on the eastern end of Item No.1 with a sun shade on the western wall. The remaining portion on the western side of the plaintiff's house was kept vacant for the purpose of white washing the house. The length and breadth of suit Item No.1 is 128' and 2'. The suit Item No. 2 is a vacant land admeasuring 39' x 4'. The first defendant (since deceased) purchased a property, situate on the western side and on the southern side of suit Item Nos. 1 and 2 respectively and had occupied more area than what is mentioned in his sale deed. The first defendant also constructed a thatched shed in a portion of suit Item No.1. In any event, the plaintiff has prescribed title to the suit properties by adverse possession and prescription and the defendant is threatening the plaintiff with dire consequences and is also attempting to trespass into the plaintiff's property. Hence the plaintiff had filed the suit for declaration of his title to suit Item Nos.1 and 2 and for a consequential relief of permanent injunction restraining the defendant, his men and agents from interfering with the plaintiff's peaceful possession and enjoyment of the suit properties. The plaintiff has also prayed for a mandatory injunction directing the defendant to remove the thatched shed put up by the defendant in suit Item No.1 and also to remove three bamboo sticks in suit Item No.2.