P.M.R. KANNAN Vs. THASTHAGEER AND ORS.

JUDGEMENT

(1.) Plaintiff in O.S. No. 245 of 2004 on the file of the I Additional District Munsif, Tirukoilur is the appellant in the second appeal. The case of the appellant/plaintiff is as follows:--

(2.) The suit was resisted by the first defendant contending that the suit property and other property on the western side of the suit property, comprising of land with asbestos building in it, originally belonged to one Hasina. The said Hasina had executed a settlement deed in favour of this defendant with respect to these properties on 13.11.1998. The suit property is in possession and enjoyment of this defendant, from the date of purchase and he has also obtained Patta in his name. The plaintiff has never used the suit property as a lane to reach his godown and he has an alternate route via Perumal Naicker Street. Hence, the suit is liable to be dismissed.

(3.) The brief averments stated in the written statement filed by the 3rd defendant and adopted by the second defendant are as follows:--