JAYA Vs. S.ANANDHA

JUDGEMENT

(1.) The defendants are the appellants in this Second Appeal.

(2.) The respondent/plaintiff filed the suit seeking for the relief of declaration of title with respect to 38 sq. feet of the suit property described as 'e,f,g,h' in the sketch filed along with the plaint and for mandatory injunction to remove the construction put up in the suit property and for permanent injunction restraining the defendants from putting up any structure in the suit property.

(3.) The case of the plaintiff is that she is the owner of the property in Survey No.2855/22A/2 to an extent of 3880 sq. feet and the plaintiff claims title to this property by virtue of a registered Sale Deed dtd. 29/5/1980. The further case of the plaintiff is that the defendants are having their property in Survey No.2855/2A/1B, at the western side of the plaintiff's property measuring an extent of 2720 sq. feet. The grievance of the plaintiff is that the defendants have put up a building on the eastern side above the compound wall of the plaintiff and have encroached an extent of 38 sq. feet which was shown as 'e, f, g, h' in the sketch filed along with the plaint. Earlier the plaintiff filed a suit in OS No.298 of 1999 and it was withdrawn with a leave to file a fresh suit and consequently the present suit was filed against the defendants.