SELVARAJ Vs. KALYANI

JUDGEMENT

(1.) The Plaintiff is the Appellant. He has preferred this Appeal, against the Judgment and Decree, dtd. 19/10/2009 in A.S. No.19 of 2009 on the file of the learned Principal Subordinate Judge, Gobichettipalayam. The learned Principal Judge had reversed the Judgment and Decree, dtd. 29/11/2005 in O.S. No.96 of 2000 on the file of the learned District Munsif, Gobichettipalayam.

(2.) O.S. No.96 of 2000 was the Suit presented for mandatory Injunction to remove the fence put up by them in the "BC" line of the Plaint plan. According to the Plaintiff, the property originally belonged to the Government. His grandfather, Muniappa Pannadi, was given a Patta by the Government and the said Muniappa Pannadi was in possession and occupation of the property.

(3.) Muniappa Pannadi had only one son by name Ramasamy Pannadi. Ramasamy Pannadi succeeded to the property. On 15/10/1991, Ramasamy Pannadi and the Plaintiff partitioned the property with each of them having half share. On that very day, the father Ramasamy Pannadi released the property in favour of the Plaintiff, after receiving a valuable consideration of Rs.2,600..00 It is the case of the Plaintiff that on and from that date, he had become the absolute Owner of the property. It is his further case that he had put up a superstructure after getting permission from Gobichettipalayam Municipality. The Plaint proceeds that he had a set back of 2 1/2 ft on all sides of the property. The dispute relates to a thatched fence, erected by him on the Western side of his house. According to the Plaintiff, the thatched fence put up by him was removed by the Defendants and they had put up a new thatched fence. Under the guise of removing the thatched fence and putting up a new one, the Defendants had encroached an extent of 2 1/2 ft by 58 1/2 ft. Consequently, he filed the Suit for the aforesaid relief.