PERIYASAMY Vs. M.KAMATCHIAMMAL

JUDGEMENT

(1.) 1 There were two suits, and what has now reached this Court is an appeal against one of the two suits. The two suits are: O.S.No.655 of 1993 and O.S.No.715 of 1993, both of which are laid by the same plaintiff against two different defendants, whom as between themselves are brothers. The suits were laid for declaration of plaintiff's title over a stretch of land measuring 3' x 36' and for an interim injunction that the defendants in both the suits should not trespass into this piece of property. However, during the pendency of the suits, the defendants are stated to have put up a gate covering the suit property measuring 3' x 36' along with an adjacent strip of land in their possession to the immediate west of this property. Hence, the plaintiff amended the plaint and sought a relief of mandatory injunction.

(2.) The facts of the case fall within a narrow compass and they may be summarised as below:

(3.) The defence in essence is to the effect that the 1st and 2nd defendants' property on the west of plaintiff's property stretches up to the western wall of the plaintiff's house. In other words, the defendants 1 and 2 claim possessory title over the disputed strip measuring 3' x 36 '. They would further plead that the property to the west of the plaintiff's property originally belonged to the father of the 1st defendant, that on his demise it devolved on his heirs, that he and his brother Rajiah had since divided the property and have put up their independent houses therein.