SHANMUGATHAI Vs. KAMALAMMAL

JUDGEMENT

(1.) Heard Mr. P. Mani, learned counsel appearing for the petitioner and Mr.K.Gandhi Kumar, learned counsel appearing for the respondents.

(2.) The Petitioner in both revisions is the plaintiff in O.S.No.13/2001 and O.S.No.38/2009, on the file of the District Munsif Court, Ranipettai. She has filed the suit in O.S.No.13/01 and O.S.No.38/2009 against the respondents herein respectively for declaration and recovery of possession and mandatory injunction to remove the semi permanent structure put up by the respective defendant and for permanent injunction. The suit property is one and the same in both the suits i.e. S.No.161/4, Karai Village of Walajapet Taluk.

(3.) According to the petitioner that the suit property belongs to her and the respondents who owned adjacent land encroached a portion of suit property and constructed the superstructure and thus she has prayed for the relief mentioned supra. Whereas the defendants deny the alleged encroachment and they pleaded that their construction is within their property situated in S.No.147. Thus the crux of issue is as to whether the construction put up by the respective defendant is within their property or in the suit property.