S MARIMUTHU Vs. G VENU

JUDGEMENT

(1.) THE appellants herein filed a suit as plaintiffs in O.S.No.3903 of 1996, on the file of the District Munsif Court, Coimbatore, seeking prayer---

(2.) THE averments made in the plaint, in brief, are recapitulated below for better appreciation. THE plaintiff's father-Sadaya Pannady purchased house property bearing Door Nos.52, 53 and 54, under a Registered sale deed, dated 17.06.1935. After the death of the said Sadaya Pannady in the year 1947, the plaintiff, being the only son, became the absolute owner of the said house and since then, he is in possession and enjoyment of the same. THE suit properties are situated on the eastern side of the Pattatharasiamman Koil Street, Singanallur, Coimbatore, within the Coimbatore Corporation Limits. THE defendant is the owner of the property situated on the southern side of the suit properties, abutting the said Pattatharasiamman Koil Street. Whileso, the defendant had started to put up construction in his property on the southern side of his properties, and again, when he has put up further construction in the suit space of 2' on the southern wall of the plaintiff's property by constructing water tank and septic tank, the plaintiff filed a suit with the aforesaid prayer.

(3.) THE learned District Munsif Court, Coimbatore, after considering the case of both sides, has decreed the suit in favour of the plaintiff. Aggrieved by the said order, the defendant has filed an appeal before the II Additional Subordinate Judge, Coimbatore, in A.S.No.55 of 2004. THE first appellate Court, by order dated 28.07.2005, reversed the judgment and decree passed by the trial Court, in O.S.No.3903 of 1996, dated 26.07.2005. On being aggrieved the same, the plaintiff has filed the present second appeal. Pending second appeal, when the sole appellant/plaintiff-S.Marimuth died, the Legal Representatives of the sole appellant were brought on record, vide order dated 31.10.2006, made in CMP No.10060 of 2006.