SARASWATHI Vs. YASODHAMMAL

JUDGEMENT

(1.) AGGRIEVED over the Judgment made by the Principal Sub Judge, Chengalpattu in A.S.No.19 of 1999 in affirming the order of dismissal of the suit filed by the appellant, before the learned District Munsif, Chengalpattu in O.S.No.217 of 1992 , the plaintiff has brought forth this second appeal.

(2.) THE plaintiff filed the suit alleging that the suit property is a thatched hut described in 'B' schedule property. THE 'A' schedule property is shown as 'ABCD' and 'B' schedule property is shown as 'EFGH' under the plaint plan. 'A' schedule property is a vacant site and 'B' schedule property is a thatched hut with mud wall measuring east to west 27' and south to north 16' with electric service connection No.118. Apart from 'A' and 'B' schedule properties, under the sale deed, a right of passage on the eastern side was also given to the plaintiff.

(3.) SINCE the first defendant was absent and set-exparte, the suit was dismissed in so far as the first defendant is concerned. In so far as the second defendant is concerned, the Court heard the contentions put forth by the learned counsel for the second defendant.