P MOKKAMAYAN Vs. LAKSHMIAMMAL

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree, dated 14.03.2007 passed in A.S.No.175 of 2002 by the Subordinate Judge, Madurai, reversing the judgment and decree passed in O.S.No.1394 of 1992, dated 19.06.2002 on the file of the District Munsif Court, Madurai.

(2.) The appellant herein as plaintiff has instituted Original Suit No.1394 of 1992 on the file of the trial Court seeking the relief of declaration and permanent injunction, wherein the present respondents have been shown as defendants.

(3.) It is averred in the plaint that the plaintiff purchased the suit property through a registered sale deed in the month of April 1992 from one P.T.Mani as he stands the Power Agent of P.P.Thavasi Konar. The suit property is a vacant site measuring 1773 sq. ft shown as 'ABCD' in the rough sketch and the plaintiff has got absolute right and possession of the schedule mentioned property. The defendant and her family members are living in their adjoining house on the eastern side shown as 'EFGH'. On 05.10.1992, the defendants started to put up a portable tent in the vacant site and also put up four pillars encroaching vacant site. On coming to know the same, the plaintiff has gone to the suit property and removed the same. At that time, the defendants and their family members jointly threatened the plaintiff stating that they would definitely trespass into the land and put a tent. Hence, on 07.10.1992 the plaintiff lodged a complaint before G-2, Police Station, Madurai city and the same is pending for enquiry so far. Thereafter, the plaintiff had built up Bamboo fence on all four ways and locked the site, but the defendants along with family members entered into the vacant site and damaged the bamboo fence and trying to put a new tent by encroaching the vacant site belonging to the plaintiff. Since the plaintiff is residing at Valangakulam village, Usilampatty Taluk, Madurai District, which is far away from the suit property, the plaintiff could not be able to look after the suit property frequently. Therefore, the plaintiff has filed the suit for the relief as stated supra.