ABDUL SALEEM Vs. RAMASAMY PADAYACHI

JUDGEMENT

(1.) THE defendants, though successful before the trial Court, unable to sustain the same before the first appellate Court and the result is this appeal.

(2.) THE respondent herein as plaintiff has filed a suit against the appellants/defendants for declaration, mandatory injunction and for permanent injunction also in respect of the suit properties.

(3.) ACCORDING to the plaintiff, he acquired title to the suit properties under two registered sale deeds dated 20. 1. 1971 and 27. 10. 1976 and from the said date onwards, he was in possession and enjoyment of the same, as rightful owner. It is the further case of the plaintiff that defendants 1 and 2 have encroached upon a portion of the suit properties and therefore, it is prayed for removal and possession. It is further contended, that the third defendant also, after trespass, had put up a superstructure, which should be removed by way of mandatory injunction. Thus claiming title over the suit properties, as well as labeling the appellants/defendants as trespassers, the suit was filed for the reliefs, as detailed in the prayer column.