THANGAIYAN Vs. INDIRANI

JUDGEMENT

(1.) THE appellant, who is the defendant in the above suit in O.S.No.243 of 2003 filed this appeal as against the remand order passed in the judgement and decree in A.S.No.227 of 2005, dated 18.10.2006 by the Additional Sub-ordinate Judge(FAC), Kumbakonam.

(2.) THE respondent/Plaintiff filed a suit for permanent injunction and in the plaint itself, it is stated that the suit property is originally belonged to the plaintiff's father Palanivelu and Palanivelu in turn executed a 'Will' bequeathing the property in favour of the plaintiff on 06.05.1981 and Palanivelu died on 11.12.1985 and the plaintiff succeeded the property and the suit property was in exclusive possession and enjoyment of the plaintiff. The Plaintiff further averred in the plaint that in the said property, he has constructed a house in the year 1998 and is in actual possession of the same by paying house-tax and the defendant having his property at the west of the suit property had make an attempt to encroach the backyard of the plaintiff's property on 29.06.2003 and hence, filed a suit for injunction.

(3.) THE trial Court has framed three issues and on the side of the plaintiff examined four witnesses as P.W.1 to P.W.4 and marked five documents as Ex.A1 to Ex.A5. On the side of the defendant, three witnesses were examined as D.W.1 to D.W.3 and five documents were marked as Ex.B1 to Ex.B5, and Advocate Commissioner's report and plan were marked as Ex.C1 and Ex.C2.