RATHINAM Vs. SORIAPPAN AND ORS.

JUDGEMENT

(1.) THIS second appeal arises out of the Judgment and Decree dated 17.02.2006 in A.S. No. 18 of 2005 on the file of the Subordinate Court, Pollachi confirming the Judgment and Decree dated 07.02.2005 in O.S. No. 174 of 1997 on the file of the District Munsif Court, Pollachi.

(2.) THE appellant as a plaintiff filed a suit for declaration of title to the suit property and also mandatory injunction directing the defendants to remove the illegal tiled shed put up by them and also for recovery of possession within the time stipulated by this Court, failing which, remove the encroachment through Court and injunction restraining the defendants not to interfere the suit property by putting up new superstructure or by trespassing into the same stating that the suit property is a Natham poramboke and she put up a small thatched shed in the suit property. The plaintiff's mother was staying there and when she went to her son's house, who is residing at Mysore, the plaintiff was in possession of the suit property and confirming her possession, patta has been issued in her name and she was in enjoyment of the suit property. In the first week of December 1996, the defendants have demolished the old thatched shed and put up a new tiled house illegally. The plaintiff issued a notice to the defendants. Since the defendants refused to hand over the possession, she was constrained to file a suit.

(3.) THE Learned Trial Judge after considering the averments both in the plaint and written statement and arguments on either side counsel has framed necessary issues and on perusing the oral and documentary evidence viz., P.W.1, P.W.2, D.W.1, Exs. A1 to A6, Exs. B1 to B16 and Exs. C1 and C2, dismissed the suit. Aggrieved against the judgment and decree of the trial court, the plaintiff preferred an appeal in A.S. No. 18 of 2005 on the file of the Subordinate Court, Pollachi.