MARIADOSS Vs. MANOHARI FERNANDAL

JUDGEMENT

(1.) The 1st defendant who succeeded before the trial Court in O.S.No.260 of 1983 on the file of the Court of District Munsif, Tuticorin but lost before the Appellate Court- in A.S.No.59/1988 on the file of the Court of Subordinate Judge, Tuticorin has preferred this Second Appeal against the judgment and decree of the appellate Court dated 5.7.1999.

(2.) The respondent herein has filed the suit for a declaration declaring that the 2nd suit schedule property is exclusively belonging to the plaintiff and the 2nd defendant and consequently restraining the 1st defendant, his agent and servants from interfering with the possession of the house by the plaintiff and the 2nd defendant and for a mandatory injunction directing the 1st defendant to close the doorway mentioned in the 4th schedule house, wall of the plaint 3rd schedule house.

(3.) The plaintiff states that the suit schedule properties mentioned in items 1 and 2 are two adjacent houses bearing present Door Nos. 29 and 30; that in front of the said two houses the vacant site is used as a common east-west pathway for both houses from 1907; that the entire I schedule properties shown as ABCDEF in the plan annexed with the plaint were originally one contiguous plot measuring 15 carpenters cubit(41 feet, 11 inches) east west and 15 carpenters cubit (41 feet 3 inches) north-south; that the entire 1st schedule properties as one contiguous plot, originally belonged to one Sadaya Nadar alias Kadakarayandi Nadar, that the said Sadaya Nadar sold the west half of the 1st schedule properties, that is, the present Door No.29 to Thommai Soosai Saverimuthu Fernandes and his wife Maria Francis Poovammal Fernandal who are the predecessors-in- interest of the 2nd defendant; that the said Sadaya Nadar sold the eastern half of the I schedule properties, that is, the present Door No.30 to Savarimuthu Fernandex who is the predecessor-in-interest of the plaintiff on 16.8.1907, that the said Saverimuthu Fernandes died leaving behind 3 sons, two of whom conveyed their share in the house to one of the sons, by name Antony Fernando who died leaving behind his wife Reginal Fernandal and 3 daughters, namely, the plaintiff herein and Ranjithammal Fernandal and Mary Fernandal.