KUPPUSAMY UDAYAR Vs. E. AYYASAMY

JUDGEMENT

(1.) THE second appeal has been preferred by the appellants, who are the legal heirs of the original plaintiff, late Kuppusamy Udayar. The suit was filed by the said plaintiff against E.Ayyasamy Udayar, the respondent / defendant, seeking declaration of title of the suit property and consequential permanent injunction restraining the respondent / defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. Subsequently, by way of amendment, the plaintiff has sought a decree for mandatory injunction to demolish the compound wall marked as GH, HI and IJ and the toilet and septic tank shown 'Z' in the Commissioner's plan and the bathroom east of the toilet and to direct the respondent / defendant to deliver vacant possession of the suit property shown as "GHIJ" in the Commissioner's plan to the plaintiff.

(2.) THE trial court, having considered the pleadings, evidence of P.W.1 and P.W.2 and the documents marked on the side of the plaintiff as Ex.A.1 to Ex.A.25 and also the evidence of the respondent / defendant, who was examined as D.W.1 and the documents marked on the side of the respondent / defendant as Ex.B.1 to Ex.B.11 and the Commissioner's Report, Ex.C.1 and the sketch prepared by the Commissioner, Ex.C.2, partly decreed the suit, whereby granted the relief of declaration of title and injunction in respect of 5 cents, out of 9 cents in the suit survey number and so far as 4 cents of land on the Eastern side is concerned, the suit was dismissed. Aggrieved by the Judgment and Decree of the trial Court, appeal was preferred by the plaintiff.

(3.) THE Appellate Court, by its Judgment and Decree, dated 24.09.1999, has confirmed the Judgment and Decree passed by the trial Court and dismissed the appeal preferred by the plaintiff, against which, this Second Appeal has been preferred by the legal heirs of the deceased plaintiff. This Second Appeal was admitted by this Court on the following Substantial Questions of Law :