ARUMUGHA NAINAR DIED Vs. SEKAR ALIAS CHANDRASEKAR

JUDGEMENT

(1.) THE unsuccessful plaintiff before the Courts below is the appellant in this Second Appeal.

(2.) THE parties are referred to as per their rankings in the suit.

(3.) THE case of the plaintiff as per the averments in the plaint is as follows:- The plaintiff filed the suit for declaration and possession of the suit property. Valliammal, who is the wife of Sambandam residing at Chellaneri Street, Thiruvannamalai Town was the owner of Town Survey No. 78/3, measuring East-West 31 feet, North-South 79 feet on the western side and 77-1/2 feet on the eastern side, in view of the purchase as per sale deed dated 14. 10. 1960. In that property, the plaintiff purchased 31 feet on the East-West and 64-1/2 feet on the North-South as per sale deed dated 21. 5. 1966 and after purchase, he has been in enjoyment of the same by constructing a house. He also purchased property in survey No. 78/3 measuring 31 feet on the East-West, 15 feet on the western side and 13 feet on the eastern side, viz. , the suit property from Valliammal as per sale deed dated 13. 3. 1981 and has been in enjoyment of the same as vacant site. The defendant is owning only a vacant side on the northern side of the suit property and he has no right in the suit property. The defendant trespassed into the suit property on 12. 6. 1982, viz. , on the northern side of Survey No. 78/3. The plaintiff issued lawyer notice. The defendant replied for the notice caused by the plaintiff with false averments. Hence, the suit.