T. RAJU Vs. S. KESAVAN

JUDGEMENT

(1.) The present second appeal was originally filed by the deceased first appellant who was the sole plaintiff in the suit in O.S.No.4404 of 2000 on the file of the trial court. After filing of the second appeal, the first appellant T. Raju died and his LRs have been impleaded and they have come on record as appellants 2 to 5.

(2.) The deceased first appellant T.Raju filed the original suit in O.S.No.4404 of 2000 on the file of the trial Court for recovery of possession of 51 sq.ft of land described as suit property, which has been shown as G.H.J.K in the rough sketch attached to the plaint plan. According to the plaint averment, a total extent of 1207.50 sq.ft of land belongs to the father of the respondent and out of the same, he sold 603.75 sq.ft forming the Northern portion of the suit property to one Karvannan. The said Karvannan in turn sold the property to the deceased first appellant/plaintiff under a registered sale deed dated 08.02.1996, for a sale consideration of Rs.1,75,000/- and thus, the plaintiff became the owner of the suit property. After the said purchase, the plaintiff was in possession and enjoyment of the same. After the purchase, since the deceased first appellant/ plaintiff kept it as a vacant site, the defendant who resides in the Southern portion, encroached upon a portion of the property purchased by the plaintiff and the said encroached portion is shown as G.H.J.K in the plaint plan, measuring North-South 3 ft and East West 17 feet. The deceased first appellant/plaintiff prayed for recovery of possession of the above said land measuring 51 sq.ft from the respondent/defendant.

(3.) The suit was resisted by the respondent/defendant denying the averment that the respondent/defendant had encroached upon a portion of the property purchased by the deceased first appellant/plaintiff. The respondent/defendant had contended that the deceased first appellant/plaintiff purchased a vacant site with North-South measurement of 31.6 ft and East-West measurement of 18 ft which lies on the north of the defendant's property and that no portion of the property purchased by the plaintiff was encroached upon as claimed by the plaintiff.