CHINNA GOUNDAR Vs. ETTAYAMMAL

JUDGEMENT

(1.) THE Second Appeal has been filed against the judgment and decree, dated 7.9.1995, made in A.S.No.11 of 1995, on the file of the Sub Court, Sankari, allowing the appeal by setting aside the judgment and decree, dated 31.10.1994, made in O.S.No.62 of 1989, on the file of the District Munsif Court, Thiruchengode.

(2.) THE plaintiffs had filed the suit in O.S.No.62 of 1989, praying for the relief of permanent injunction restraining the defendants from in any way interfering with the peaceful possession and enjoyment of the suit property.

(3.) THE plaintiffs have been enjoying their share confined to the boundaries specified in the Deeds. Even before the first plaintiff had purchased the suit property, a stone revetment had been constructed to mark its boundaries. THE plaintiffs have been paying the kists for the suit property. THE chitta, adangal and patta are in the name of the first plaintiff. THE defendants are the owners of the adjacent land on the eastern and southern sides of the suit property. In the sale deed, dated 12.7.1962, the southern boundary is shown to be the property of Poosari Rangaiya Gounder. Poosari Rangaiya Gounder is the father of the first defendant. THE first defendant had also purchased some properties which is the eastern boundary of the suit property. In the sale deed, dated 12.7.1962, the new survey number in which the suit property lies is shown to be 148/2.