ALAGARSAMY Vs. SATHAYI

JUDGEMENT

(1.) The defendant who was successively unsuccessful before the Courts below in a suit filed by the plaintiff/respondent for declaration of latter's right over B-Schedule property and for mandatory injunction seeking to direct the defendant to remove the structures that the latter has put up in the disputed property, has preferred this appeal. Parties would be referred to by their rank before the trial Court.

(2.) The material facts on which the plaintiff rests the cause of action for the suit are :

(3.) In the written statement, the defendant has pleaded that plaint BSchedule property belongs to him and it is a part of the property that he has purchased. After purchase, he has put up a compound wall and he is in enjoyment of the property. However, the plaintiff has turned inimical to the defendant and has laid the suit with ulterior motives and the suit is liable to be dismissed with exemplary costs.