B RAJARATHINAM Vs. B VENKATESAN

JUDGEMENT

(1.) The plaintiff, though succeeded in his claim before the trial Court, failed to sustain the decree before the first appellate Court and therefore, he is before this Court, as appellant.

(2.) The plaintiff/appellant has filed the suit for declaration of his title to the suit property, viz., 'B' schedule, for mandatory injunction directing the first defendant, to remove the fence put up in the said property, and for permanent injunction, contending that he had purchased the suit property from its original owner under registered sale deed, but the defendants, who are the neighbours, encroached upon the 'B' schedule property and put up a fence, thereby not only casting cloud over his title, but also put up a fence, compelling the plaintiff to file the suit, as said above, for the reliefs.

(3.) The defendants opposed the claim of the plaintiff contending, that even as per the description of property, 'B' schedule property could not be in existence, that the defendants never trespassed into the plaintiff's property, in order to interfere with the plaintiff's peaceful possession and enjoyment of the same, and therefore, the plaintiff is not entitled to any relief. In the additional written statements also, the defendants have questioned the right of the plaintiff, disputing the entire averments.