HARRIS Vs. SELVARAJ

JUDGEMENT

(1.) The plaintiff in O.S.No.135 of 2005 on the file of the Principal District Munsif Court, Kuzhithurai, which he had laid for bare injunction that the defendant be barred from trespassing into his property, is the appellant herein. The suit was decreed by the trial court, and the plaintiff suffered a reversal before before the Sub Court, Kuzhithurai, in the first appeal preferred by the defendants in A.S.No.32 of 2008. Pleadings:

(2.) 1 The case of the plaintiff is that he has purchased a plot measuring 10 cents from a certain Jacob under Ext.A1-sale deed, dtd. 1/8/1997. According to him, he had put up a residential building and also constructed a granite compound wall on the north. He claims that the defendants are trying to bring down a compound wall to enter his property and hence laid the suit for bare injunction.

(3.) The trial Court framed necessary issues and the dispute went to trial. Before the trial Court, the plaintiff examined himself as P.W.1 and also examined an independent witness as P.W.2. He produced Ext.A1 to Ext.A5 of which Ext.A1 is the title document in Malayalam of which Ext.A2 is the transliteration of Ext.A1 in Tamil.