T MANI Vs. N GANESAN; A S NARASIMHAN

JUDGEMENT

(1.) The defendant in O.S.No.617 of 2006 on the file of the learned District Munsif, Poonamallee is the appellant herein and the plaintiff in the suit is the respondent. The respondent filed the said suit for declaration of title and for recovery of possession of the suit property and also for mesne profits for use and occupation. The learned District Munsif by decree and judgment dated 30.07.2012 dismissed the suit. As against the same, the plaintiff filed an appeal in A.S.No.115 of 2012 before the learned Subordinate Judge, Poonamallee. By decree and judgment dated 23.07.2014, the lower appellate court set aside the decree of the trial court and decreed the suit thereby declaring the possessory title to the suit property measuring East to West 1.7 feet on the northern side and 1.4. feet on the southern side and North to South 26.2. feet on both sides as mentioned in the Advocate Commissioner's Report Ex.C.2. The lower appellate court has also granted a decree for recovery of possession. So far as the claim for damages is concerned, the lower appellate court has held that a separate enquiry would be held. Challenging the same, the appellant is before this Court with this Second Appeal.

(2.) The Second Appeal has come up before me today for admission. I have heard the learned Counsel for the appellant and I have also perused the records carefully.

(3.) The case of the plaintiff is that from one Lakshmiammal by means of an unregistered sale letter dated 29.09.1989, the plaintiff purchased a house site measuring East West 20 feet and North South 30 feet. The suit is in respect of the western portion of the said property measuring East West 2 feet and North south 30 feet. According to the plaintiff, this western portion measuring 2 x 30 feet has been encroached upon by the defendant when the defendant demolished his property which is situated on the west of the suit property.