K S LAKXMI Vs. VENKATESWARAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Principal Subordinate Judge, Coimbatore, made in A.S.No.5 of 1990, whereby the judgment of the trial Court in a suit for permanent injunction was reversed by dismissing the suit.

(2.) The plaintiff sought for the relief of permanent injunction, stating that the plaintiff and his brother entered into a partition on 11.2.1957, pursuant to which the plaintiff has been in enjoyment of the suit property; that he has been paying the tax to the municipality; that the defendants' property was situated on the south of the plaintiff's property; that in between both the properties, there is a well, in which the adjacent owner was given a right to take water; that around the well, there was a shed, which belonged to the plaintiff; that the first defendant has been living in foreign countries; that at his instigation, the second defendant has been attempting to interfere with the plaintiff's possession; that a week before the filing of the suit, the second defendant made an attempt to demolish the shed, which was objected to by the plaintiff, and the same was stopped with great difficulty; that the defendants were attempting to raise construction in an area of 6' x 16', which was situated in between the properties and which exclusively belonged to the plaintiff, and hence, they should be restrained by way of a permanent injunction.

(3.) The suit was resisted by the defendants, stating that the suit property, measuring 6' x 16' exclusively belonged to the defendants by way of purchase by their father in the year 1948; that the plaintiff had no iota of right in the suit property; that after obtaining an interim injunction, the plaintiff has demolished a wall; that the sale deed in favour of their father would clearly speak about the measurement of the property and its boundaries; that subsequently, when the new building was constructed, it was approved by the municipality, which would clearly establish that the property in question belonged to the defendants; that on the south of the well, the plaintiff had no right or interest in the property, and hence, the suit was to be dismissed.