ABDUL WAHITH Vs. MOHAMMED ALI

JUDGEMENT

(1.) The defendant in the original suit is the appellant in the second appeal. Mohammed Ali, the respondent herein filed the suit O.S.No.197 of 2004 in the Court of the District Munsif, Paramakudi against Abdul Wahith, the appellant herein, for a declaration of his title in respect of first item of the suit property and for recovery of possession after removal of the wall put up by the appellant herein/defendant encroaching upon the first item of the plaint schedule properties and for a further declaration that the second item of the suit property is the common backyard of the respondent/plaintiff and the appellant / defendant and for a mandatory injunction to remove the constructions put up in the second item of the suit properties. The suit was dismissed by the trial Court and on appeal, the lower appellate Court partly allowed the suit and granted a decree as prayed for in respect of the first item of the suit properties and confirmed the dismissal of the suit in respect of the second item of the suit properties. It is as against the said decree of the lower appellate Court (Sub-Court, Paramakudi) dated 04.12.2008 made in A.S.No.38 of 2007, the present second appeal has been filed by Abdul Wahib, the defendant in the original suit. For the sake of convenience, the parties are referred to in accordance with their ranks in the original suit and at appropriate places, if necessity arises, their ranks in the second appeal will also be referred to.

(2.) The suit was filed based on the following plaint allegations:-

(3.) The suit was resisted by the appellant herein/defendant based on the averments found in his written statement, which are, in brief, as follows:-