K. DHANAPAL Vs. G. SWAMINATHAN

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.Nos.114 and 337 of 2004 on the file of the Principal District Munsif Court, Kumbakonam, is the appellant in these second appeals. The appellant filed the suit along with his mother. The case of the plaintiffs is that the property described as 'A' schedule in the plaint was originally purchased by one Vaithiyalingam Pillai through Court auction on 29.06.1966. Subsequently, the said Vaithiyalingam sold the same in favour of one Govindaraj vide sale deed dated 05.12.1966. From the said Govindraj, the appellant's mother namely., Subbammal purchased vide sale deed dated 14.06.1977. The defendant/Swaminathan in O.S.No.337 of 2004 owns the adjacent property bearing D.No.15, Veerapandiya Kattabomman Street, Madhalampettai, Kumbakonam. According to the plaintiffs on 26.02.2001, the defendant encroached a portion of the suit property covered under Door No.l4B to an extent of 4 feet by 20 feet on the southern side of the suit property belonging to the first plaintiff and started digging foundation for the purpose of construction of wall. In the face of obstruction and resistance from the plaintiffs, the defendant went ahead with the construction. The encroached the portion has been described in the 'B' schedule property. Seeking the relief of permanent injunction as well as mandatory injunction for removal of offending construction, the plaintiffs filed O.S.No.68 of 2001 (Later renumbered as O.S.No.337 of 2004).

(2.) The defendant filed his written statement controverting the claims of the plaintiffs. The stand of the defendant was that he had not committed any encroachment and he pressed for dismissal of the suit. The Trial Court appointed an Advocate Commissioner who submitted more than one report in this regard after conducting spot inspection.

(3.) The plaintiffs subsequently filed O.S.No.279 of 2004 before the very same Court seeking compensation for the damage caused to the wall of the plaintiffs' property bearing D.No.l4A, Veerapandiya Kattabomman Street, Madhalampettai, Kumbakonam.