PANDIAN Vs. R RANI

JUDGEMENT

(1.) (Appeal filed under Section 100 C.P.C. against the Judgment and Decree in A.S.No.136 of 1994 on the file of the III Addl. Judge, City Civil Court, Madras reversing the judgment and decree made in O.S.No.3889 of 1986 dated 26.04.1983 on the file of the learned VIII Asst. Judge, City Civil Court, Madras.) The defendant in the suit is the appellant.

(2.) THE suit is filed by the plaintiffs/respondents for mandatory injunction to remove the 5ft. height wall with the length and breadth of 12 x 1 metres stated to have been put up by the defendant on the southern side of the plaintiffs' property and also for permanent injunction.

(3.) THE trial Court on an appreciation of evidence on pursual of the records held that when it was the case of the plaintiffs that there was a panchayat and in spite of the compromise effected the defendant has put up the construction by encroachment, the above factum has not been proved with satisfactory evidence and also specifically found that the plaintiff has not stated as to what is the extent of the encroachment made by the defendant and dismissed the suit for mandatory injunction. It was as against the judgment and decree of the trial Court, the plaintiffs have filed A.S.No.136 of 1994 before the III Assistant Judge, City Civil Court, Chennai.