LAWS(MAD)-2022-7-173

BHAVANI MUNICIPALITY Vs. V.S.R. ARTHANARISAMY

Decided On July 21, 2022
Bhavani Municipality Appellant
V/S
V.S.R. Arthanarisamy Respondents

JUDGEMENT

(1.) The defendant in O.S.No.268 of 1997 on the file of the Additional District Munsif Court, Bhavani, is the appellant herein.

(2.) The suit in O.S.No.268 of 1997 had been filed by the 1st respondent herein, seeking declaration of title with respect to the suit property and for permanent restraining the defendant therein / appellant from interfering with peaceful possession. The suit property is situated at Somasundarapuram in Old S.F.No.831-B and 897-A, R.S.No.792/7. In this survey number the suit schedule consisted of 10 cents with house constructions bearing Door Nos.75, 76 and 77 (Old Door Nos.1/53, 53-A, 53-B and 12/111/E.6). The suit was dismissed by judgment dtd. 12/1/2000. The plaintiff then filed A.S.No.12 of 2000 before the Sub Court, Bhavani. The said appeal suit was allowed by judgment dtd. 18/12/2000. This has necessitated the defendant to file the present Second Appeal.

(3.) The Second Appeal had been admitted on 6/9/2001 on the following three substantial questions of law:-