R. JOSEPH Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The defendant is the appellant.

(2.) The plaintiff filed O.S.No.565 of 2008 before the Principal District Munsif Court, Thoothukudi for mandatory injunction against the defendant to remove the construction made by the defendant in the second schedule property and for removal of encroachment in the second schedule property. The suit was decreed by the trial Court. The defendant filed A.S.No.63 of 2013 before the Subordinate Court, Thoothukudi. The learned Subordinate Judge dismissed the appeal. As against the concurrent finding, the defendant has filed the above second appeal.

(3.) The Tamil Nadu Housing Board as plaintiff has filed the suit contending that the plaint schedule properties were acquired in an award dtd. 29/7/1988. They are in possession and enjoyment of the suit schedule properties from 13/9/1989 onwards. According to the plaintiff, the plaint second schedule property is part and parcel of the first schedule property. The defendant is an utter stranger in respect of the first and second schedule properties. The defendant has no right whatsoever over the suit schedule properties. According to the plaintiff, the defendant has encroached the suit schedule properties and has put up basement construction over the second schedule property illegally. Hence, he prayed for mandatory injunction.