M. VEDAMANICKAM NADAR Vs. M. SUDALAIKANNU THEVAR

JUDGEMENT

(1.) AGGRIEVED by judgment in A.S.No.104 of 1992 reversing the judgment of trial Court and dismissing the plaintiff's suit in O.S.No.474 of 1984, unsuccessful plaintiff has preferred this appeal.

(2.) SUIT property is a vacant site with a Tea stall thereon bearing Door No.2/34, Venkatarangapuram village, with measurement stated in the plaint schedule. Case of the plaintiff is that suit property is in enjoyment of the plaintiff and his forefathers. Plaintiff is running a tea stall and had also obtained a licence for running the same from 1976 onwards. Plaintiff claims right of possession on the basis of Ex.A.1 alleging that defendant who was President of Venkatarangapuram village is interfering with plaintiff's possession and enjoyment of plaint schedule property, plaintiff has filed suit for permanent injunction.

(3.) DENYING averments in the plaint, defendant has filed written statement contending that boundaries mentioned in the plaint is wrong. In his written statement, defendant has contended that eastern side boundary does not belong to Duraisamy Nadar, but it belonged to Muthiah Nadar. The property originally belonged to one Sudalaimuthu and his son Arumugham and both of them have mortgaged property in the year 1941. The said Arumugham sold the property to the defendant under Ex.B.3 sale deed in which also eastern boundary is shown as Muthiah Nadar Thottam.