K.S.THANKAM Vs. SAKTHIDHARAN

JUDGEMENT

(1.) The plaintiff in O.S.No.156 of 2005 on the file of Additional District Munsif Court, Eraniel, is the appellant herein.

(2.) ***

(3.) The defendant's property is to the north of the plaintiff's property and is in S.No.429/19. It is correlated to O.Sy.No.3949. He had purchased an extent of 29 cents under Ext.B1-sale deed, dtd. 22/11/1984 and subsequently, purchased another 2 cents Vide Ext.B2-sale deed dtd. 26/10/2005. His contentions are: (a) that the defendant's vendor had purchased an extent of 25 cents under Ext.B4, dtd. 15/10/1963 in O.Sy.No.3949, that it was correlated to R.S.No.429/19 and the same extent was retained. In other words, the extent of the property which the defendant's vendor possessed and that which the defendant has purchased has not seen a change before and after resurvey; and (b) That at any rate, the boundary determined for the survey falls in S.Nos.429/18 and 429/19 had become final.