INDIRANI AMMAL Vs. S.GIRIDHARI

JUDGEMENT

(1.) SINCE the Appeals arise out of a same suit, they are disposed of by this common judgment.

(2.) THE defendant in O.S. No. 708 of 1990, a suit for declaration and permanent injunction, has preferred the appeals in S.A. Nos. 433 and 434 of 2006 against the judgment and decree dated 23.07.2002 passed in A.S. Nos. 103 of 2001 and 6 of 2002 on the file of the Principal Subordinate Judge, Chengalpattu, wherein and by which the judgment and decree dated 08.10.2001 passed by the District Munsif, Chengalpattu, in O.S. No. 708 of 1990 with regard to declaration were confirmed while setting aside the decree and judgment of the trial Court in respect of 20' X 15' = 300 sq.ft. of land in possession of the appellant / defendant.

(3.) THE case of the plaintiff is that he is the owner of the suit property which originally belonged to his paternal uncle one Janakiram Chettiar. It is stated that since he had no issues and the plaintiff was looking after him, out of love and affection, the said Janakiram Chettiar settled the suit property in his favour by a registered settlement deed dated 18.5.1970. The settlement deed was accepted by the plaintiff and acted upon and from the date of execution of the same, he had been in possession of the suit property paying the necessary revenue taxes. It is further stated that there are two thatched huts in the suit property out of which, one, put up by the plaintiff 15 years back with mud wall, is situate on the western side wherein the plaintiff has stored his articles and the other thatched shed situate on the eastern side was also put up by the plaintiff for use of watchman. While so, when the plaintiff was trying to put up a new wall with brick and mud with a view to renovate the eastern hut, the defendant, who has got no right or title over the suit property, taking advantage of the absence of the plaintiff from the village, tried to attempt and trespass over the same. The further case of the plaintiff is that the defendant also disputed his title and hence, he filed the suit for declaration and permanent injunction.