N.SAROJA Vs. N.JAGANATHAN

JUDGEMENT

(1.) Challenging the concurrent Judgement and Decree passed against them, the defendants are before this Court. The parties are referred to in the same array as before the Trial Court. The plaintiff had filed the suit for permanent injunction against the defendants.

(2.) It is the case of the plaintiff that the suit property belongs to him, he having purchased the same under a registered sale deed dtd. 22/10/1977, within specific boundaries, together with the tiled house bearing Door No.87. It is the case of the plaintiff that he and his family members have been residing in the suit property from the date of the purchase without any objection and the revenue records as well as tax papers are in the name of the plaintiff.

(3.) The plaintiff would submit that he had decided to demolish the old house and put up a new construction and after demolishing the old tiled house, he has also started construction. When the construction commenced, the 1st and 2nd defendants who are the adjacent owners come into the property on 2/1/2015 and demanded that the plaintiff should allot 3 feet in his land in addition to the 6 feet common lane in the east side of the property. The plaintiff was however not agreeable to this unjust demand of the defendants and the defendants continued to cause hindrance to the plaintiff's peaceful possession and enjoyment of the property. In fact, the plaintiff was constrained to stop construction temporarily. Therefore, the plaintiff has come forward with the above suit.