V SARASWATHY Vs. S GANAPATHY

JUDGEMENT

(1.) The present Second Appeal has been directed against the soundness of the impugned judgment and decree passed by the first appellate Court.

(2.) The brief facts, which led to the filing of this second appeal are as follows:

(3.) (i)Opposing the said prayer, a detailed written statement was filed by the defendant in which, it is stated that the defendant owns the property adjacent to the plaintiff's portion. The entire property originally belonged to one common vendor. The defendant purchased the main portion of the building with specific measurements and description of the properties. Subsequently, the plaintiff purchased another adjoining portion of the defendant's property. The Western extreme of the property was treated as a common one for both the parties as per the sale deeds. The plaintiff on his own volition released all his rights in the lane in favour of the defendant. Later on, he changed his mind and cancelled the release deed.