NATESA PILLAI Vs. NAMASIVAYAM PILLAI

JUDGEMENT

(1.) PLAINTIFF in O.S. No.849 of 1974, on the file of District Munsif's Court, Chidambaram, is the appellant.

(2.) APPELLANT filed the above suit for declaration of title to the suit property and for permanent injunction on the following allegations: First defendant sold the property to the plaintiff as per Ex.A-1 dated 5.12.1938, and ever-since that date, plaintiff alleged that he is in possession of the same. It is said that the east west measurement of the property is 37 1/2 feet. It is further said that the plaintiff was the owner of the property situated east of the suit property, which was sold to the third defendant, and the east west measurement was 25 3/4 feet. Defendants, who are neighbouring property owners, are trying to trespass into the suit property and, therefore, the suit was filed for the reliefs mentioned above.

(3.) ON the above pleadings, trial court took evidence, both oral and documentary. Commissioners were also deputed. Exs.A-1 to A-3 were marked on the side of the plaintiff. Plaintiff examined himself as P.W. 1. Exs.B-1 to B-3 were marked on the side of the defendants. First defendant got himself examined as D.W. 1. Exs.C-1 to C-7 are the Reports and Plans filed by the Commissioners.