M SUBRAMANI Vs. P SHANMUGAM

JUDGEMENT

(1.) (Prayer: This Second Appeal is filed to set aside the Judgment and decree of the Subordinate Judge, Poonamallee, Chengai M.G.R. District dated 31-08-1994 made in A.S. No.21 of 1993 and confirm the judgment and decree of the Additional District Munsif, Poonamallee, Chengai M.G.R. District, dated 29-01-1993 made in O.S. No.2350 of 1990.) 1. The plaintiff in the Trial Court is the appellant in the Second Appeal. The Suit filed by the plaintiff for injunction in respect of a vacant house site to an extent of 1147 sq.ft. admeasuring 13 ft. in the North-South and 85 feet in the East-West bounded on the North by the site of the defendants 1 and 2, on the south by the site of the third defendant, on the East by the Channel and on the West by the common pathway and the open space Vasal for the beneficial use and enjoyment of the plaintiff and his wife and the defendants 1 and 2 comprised in Gramanatham Survey No.96 of Thirisoolam Village, Madras.

(2.) THE case of the plaintiff is that he has purchased the suit property under the sale deed dated 14-10-1982 and he is in possession of the same and before his purchase his brothers were in possession and the defendants 1 and 2 have attempted to encroach upon the northern side of the plaintiff's property and the third defendant has attempted to encroach upon the southern side, which was prevented by the Public.

(3.) WHILE admitting the Second Appeal, the following substantial question of law is framed: