KARUPPATHAL Vs. ARUNACHALAM

JUDGEMENT

(1.) THE appellant who is the defendant in the suit filed the second appeal against the decree and judgment dated 20.12.2001 made in A.S.No.23 of 2001 on the file of Additional District Court/Fast Track Court No.IV, Coimbatore, Tiruppur reversing the decree and Judgment dated 28.03.1996 made in O.S.No.293 of 1995 on the file of the District Munsif Court, Palladam.

(2.) FOR the sake of convenience, the defendant in the suit is referred as appellant and plaintiffs in the suit are referred as respondents hereafter.

(3.) THE appellant/defendant filed a written statement in which it is stated that the suit property lies on the north of the appellant's house and south and east of Thar Road and the suit property was in possession of the appellant for several years. The respondents are entitled to the property only as per the decree for partition made in O.S.No.35 of 1943. But the respondents encroached more extent situated on the north of the appellant's property and put up fence. Since the respondents encroached the property, they are not entitled to permanent injunction. The respondents are entitled to the property only as per the decree made in O.S.No.35 of 1943. The rough sketch filed by the respondents and also the commissioner's report and plan are not correct. Since the respondents attempted to get patta, the appellant filed objection and the above proceeding also pending. Therefore, the respondents are not entitled to any relief in respect of the suit property. The appellant has further stated in the written statement that without seeking the relief of declaration, the respondents are not entitled to the relief of permanent injunction.