K. PALANISAMY Vs. THE COMMISSIONER DHARAPURAM MUNICIPALITY

JUDGEMENT

(1.) THE plaintiff, who had lost before the first appellate court in a suit for declaration and for injunction, is the appellant.

(2.) IT is the case of the plaintiff that the suit property is an extent of 10 cents and it belongs to the plaintiff. There are several properties that belong to the family of the plaintiff as well as the third parties around the suit property and through the family properties of the plaintiff, they have been having an access to the suit property. The plaintiff also had claimed title to the suit property by adverse possession. The plaintiff had put up a pucca structure in the suit property and has been running a school from the year 1995. The defendant, who has got no right or title to the suit property, had issued a notice on 09.10.1997 calling upon the plaintiff to vacate the suit properties, for which, the plaintiff had also given a suitable reply. Apprehending action of eviction from the defendant, the plaintiff had filed the suit.

(3.) BEFORE the trial Court, on the side of plaintiff, the plaintiff examined himself as PW.1 besides examining one more witness as PW.2 and marked Exs. A1 to A7; and on the side of defendant, one Mr. Vasukumar, Town Planning Officer, was examined as DW.1 and five documents were marked as Exs. B1 to B5. Apart from that, Exs. C1 and C2 - Advocate Commissioner's Report and Plan, and Ex. X1 to X6 were marked as Court documents.