V. PRABAKARAN Vs. V. DEVENDRAN

JUDGEMENT

(1.) The Second Appeal is focused as against the Judgment and Decree dtd. 10/10/2011 passed in A.S.No.137 of 2010 by the learned Principal Subordinate Judge, Salem in reversing the Jugment and Decree dtd. 29/6/2010 passed in O.S.No.1024 of 2008 by the learned First Additional District Munsif, Salem.

(2.) The appellants are the defendants and the respondent is the plaintiff. The parties, for the sake of convenience are referred to according to their litigative status before the trial court.

(3.) The laconic averments found in the plaint filed by the plaintiff is as follows:- The plaintiff is the brother of the 1st defendant and they have two other brothers. The plaintiff has filed a suit for partition in O.S.No.171 of 1975 on the file of Sub Court, Salem. After allowing the suit, in the final decree proceedings, 'A' schedule property was allotted to the plaintiff and 'B' schedule property was allotted to the defendants. At the same time, ten feet lane was earmarked for convenient enjoyment of either parties. In this regard, a plan was appended with the final decree. After passing the final decree, the plaintiff took possession of his portion, on the other hand, during February 2007, defendants started constructing in the portion allotted to him. The plaintiff preferred a complaint before the police stating that Corporation Authorities ought not to have granted permission for construction. However, inspite of protest made by the plaintiff, the 1 st defendant made construction unauthorisedly without any permission. Hence the suit was filed for declaration, possession and mandatory injunction to remove the illegal construction.