D RUKMANI Vs. S H HALAMMAL

JUDGEMENT

(1.) This second appeal is filed by the plaintiff inveighing the judgement and decree dated 30.03.2009 passed by the learned Subordinate Judge, Uthagamandalam, in A.S. No. 35 of 2008 wherein and by which the judgment and decree dated 29.07.2008 recorded in O.S. No. 1 of 2005 by learned District Munsif, Kothagiri, were reversed allowing the First Appeal at the instance of the defendant.

(2.) The plaintiff filed the suit for declaration that the A Schedule property belonged to her and for recovery of possession of B Schedule property after demolishing the illegal construction put up by the defendant by decree of mandatory injunction and for permanent injunction.

(3.) The suit property is an extent of 12 3/4 cents in S. No. 881/1B in Kothagiri Town Panchayat. As per the family arrangement in the family of the plaintiff, the said property was allotted to the plaintiff. Originally, the suit property was purchased by the husband of the plaintiff from one V.T.Ramachandran by way of two sale deeds dated 24.5.1977 and 22.11.1977. Schedule A is the house property allotted to the share of the plaintiff in the family arrangement. According to the plaintiff, she had been in possession of the property till October 2003 during which period the defendant, who is the neighbouring owner, had encroached on the western and southern side of the suit property to an extent of 1 cent. Admittedly, the defendant had purchased an extent of 3 1/2 cents on 31.01.1995 from the plaintiff's husband. As the defendant had encroached upon the plaintiff's property , the suit has been filed for the above said reliefs.