S PALANISAMY GOUNDER Vs. N PALANISAMY

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree of the District Court at Dindigul-Anna District reversing the judgment and decree of the District Munsif Court at Dindigul.

(2.) THE Original Suit was filed by the first respondent herein in respect of his 50 cents of agricultural land situate at R.S. No.209/C in Ellapatti Village, Palani Taluk for the relief of declaration of title, recovery of possession and mandatory injunction directing the defendants to form an odai in their land in Survey No.204.

(3.) THE Trial Court, on consideration of the oral and documentary evidence, rejected the claim of the plaintiff that there was heavy flood and came to the conclusion that since the defendants' land was 3 ft. higher than the plaintiffs land, there is no possibility for encroachment by the defendants and holding so, the Trial Court dismissed the Suit.