MEERA AND ORS. Vs. KAMALA AMMAL

JUDGEMENT

(1.) THE unanimous decision of the Courts below in a suit for declaration and injunction is challenged by the unsuccessful plaintiffs in this Second Appeal.

(2.) ACCORDING to the plaintiffs, the suit property measuring an extent of 5 Cents in S. No. 212/2.A in Palla Edayampatti Village was owned by one Kanna Panditar by virtue of a house site patta issued by the Tahsildar, Velllore, in which he was living till his death by constructing a thatched hut. After his death, his widow and his sons were in possession of the same and thereafter, the property was divided among his legal heirs and they have been in enjoyment of the same. It is the case of the plaintiffs that the defendant managed to obtain patta for the eastern half extent of the property and claimed ownership over the same. Apprehending entry by the defendant, the plaintiffs filed suit for permanent injunction in O.S. No. 558 of 2006 on 29.8.2006, on which date, according to the plaintiffs, the defendant raised a wall in the suit property. The further allegation of the plaintiffs is that the defendant entered into the suit property on 05.9.2006 claiming title over the same. Hence, they have filed suit O.S. No. 696 of 2006 for declaration of title to the suit property and for mandatory injunction directing the defendant to remove the construction made by her and also for permanent injunction restraining her from making any further construction in the suit property.

(3.) BEFORE the trial Court, the third plaintiff examined himself as P.W.1 and marked as many as eleven documents, viz., Exs. A.1 to A.11. To nullify the case of the plaintiffs, the defendant besides examining herself as D.W.1, examined four more witnesses as D.W.2 to D.W.5 and marked Exs. B.1 to B.10.