SANKAR Vs. PAPPATHI (DIED) NAGARATHINAM

JUDGEMENT

(1.) THE Judgment and decree dated 23.11.2010 passed in Appeal Suit No. 14 of 2009 by the Principal Sub Court, Tiruchirappalli are being challenged in the present second appeal.

(2.) THE respondent herein as plaintiff has instituted Original Suit No. 917 of 1999 on the file of the First Additional District Munsif Court, Tiruchirappalli for the relief of permanent injunction, wherein the present appellants and deceased Pappathi have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that the father of the plaintiff has not purchased 22 feet towards north -south and he purchased only 17 feet on north -south and immediately on the southern side of the property purchased by the father of the plaintiff, a common pial measuring 24 feet on east -west and 7 feet on north -south is in existence and by way of including the said common pial, the present suit has been instituted. The husband of the first defendant has got the property of the first defendant by virtue of settlement deed executed by Chinnakuttyammal and after his demise the first defendant has sold the property mentioned in the settlement deed in favour of the second defendant and there is no merit in the suit and the same deserves to be dismissed.