GOVINDASAMY PADAYACHI Vs. EZHUMALAI

JUDGEMENT

(1.) THE plaintiff in the original suit, who lost his case before the trial Court, after unsuccessfully prosecuting an appeal before the lower appellate Court, has come forward with the present second appeal.

(2.) THE appellant in the second appeal filed O.S. No. 212 of 2001 on the file of the District Munsif, Villupuram against the respondent herein for recovery of possession of the property described in plaint "B" schedule, for past and future mesne profits and also for costs. The prayers were made on the basis of his contention that the respondent herein/defendant, being the mortgagee of 32 cents of land in suit Survey Number based on a deed of usufructuary mortgage dated 03.03.1973, had encroached upon a portion measuring 6 cents in the property of the appellant, which is described in plaint 'A' schedule and annexed the said encroached portion with the property held by him as mortgagee.

(3.) THE learned Additional District Munsif, Villupuram, who tried the case framed the following issues: - "1) Whether the plaintiff is entitled to the relief of delivery of possession as prayed for? 2) Whether the plaintiff is entitled to get past mesne profits of three months from the defendant as prayed for? 3) Whether the plaintiff is entitled to get future mesne profits as prayed for? and 4) To what other reliefs -