DHANDAPANI Vs. ELUMALAI

JUDGEMENT

(1.) THE challenge by the defendant, by means of this Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC), is to the impugned judgment and decree dated 07.02.2011 passed by the Lower Appellate Court viz., Subordinate Judge, Gingee, in A.S. No. 23 of 2010 confirming the judgment and decree of the trial Court, viz., Additional District Munsif, Gingee, dated 03.07.2008 in O.S. No. 242 of 2000 wherein and by which the suit filed by the plaintiff was decreed as prayed for.

(2.) THE plaintiff claims to have been in possession and enjoyment of the suit property from 27.3.1995, ie., date of purchase, from the original owner one Panchatchara Achari and his minor son Sivakumar. According to the plaintiff, since the defendant, who purchased East West 14 feet vacant site which is situate in the eastern side of the suit property from the said vendor Panchatchara Achari, attempted to trespass into the suit property to build his house along with the wall in the suit property, he filed I.A. No. 692 of 2000 for grant of interim injunction. But the said petition was dismissed subsequent to which the defendant constructed a cement wall in the lower portion of the suit property. Hence, the plaintiff filed the suit for permanent injunction restraining the defendant and his men from interfering with his peaceful possession and enjoyment and also for mandatory injunction directing the defendant to remove the cement wall in the suit property.

(3.) THE learned Additional District Munsif, Gingee, on the basis of the above pleadings, proceeded with the trial of the suit. In order to strengthen the case, the plaintiff besides examining himself as P.W.1, examined two more witnesses as P.W.2 and P.W.3 and marked Exs. A.1 to A.5. To nullify the evidence adduced on behalf of the plaintiff, the defendant examined himself as D.W.1 and examined one Narayanan as D.W.2 and marked Exs. B.1 to B.3. Exs. C.1 and C.2, viz., Commissioner's report and sketch respectively, were marked as Court documents.