ANANDHAN Vs. RANGAN

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated March 7, 2018, made by the 'Subordinate Court, Kallakurichi' ['First Appellate Court' for short] in A.S.No.106 of 2011, thereby confirming the Judgment and Decree dated August 2, 2011, made by the 'Principal District Munsif Court, Kallakurichi' ['Trial Court' for short] in O.S.No.208 of 2007.

(2.) The appellants herein are the defendants while the sole respondent herein is the plaintiff before the Trial Court. Hereinafter, the parties will be referred to as per their array before the Trial Court.

(3.) The Suit Property is an extent of 6 Cents (0.02.5 Hectares) in Old Survey No.107/4, New Survey No.107/9 of Thenkeeranur Village of the Kallakuruchi Taluk, comprising of a tiled roof house on the west and a thatched shed on the east. The plaintiff's father - Ayyakannu owned the said 6 Cents of land as ancestral property along with some other properties. Vide registered Partition Deed dated September 11, 2006 executed among the plaintiff, plaintiff's father and plaintiff's brothers, where the said 6 Cents of land was allotted to the plaintiff as 'B' Schedule Property. Revenue records pertaining to the Suit Property which also stands in the name of the plaintiff. The defendants have no right or interest in the Suit Property. While so, on February 18, 2007, using men and money power, the defendants trespassed and encroached upon the thatched shed, and erected a mud wall on the property. Hence, the plaintiff has filed this Suit for Declaration, Recovery of Possession, and Costs.