PAZHAMALAI Vs. MURUGANANDAM

JUDGEMENT

(1.) The defendant is the appellant in this Second Appeal.

(2.) The respondent/plaintiff filed a suit seeking for the relief of declaration of title and permanent injunction with respect to the 1st item of the suit property and for the relief of mandatory injunction with respect to the 2 nd item of the suit property.

(3.) The case of the plaintiff is that his mother Povunammal, purchased a property measuring an extent of 5 1/2 cents on 3/6/1972 from one AzhagaPadayatchi and this document was marked as Ex. A1. The further case of the plaintiff is that the property was measured with the boundaries described in Ex.A1 document and it was found that the total extent of the property was 9 cents. Thereafter, the plaintiff purchased the excess 3 1/2 cents in Survey No. 246/1 from the legal heirs of Mottayapadayatchi on 13/11/1997 and this document was marked as Ex.A2.