THANGAMMAL Vs. N VIJAYALAKSHMI

JUDGEMENT

(1.) THIS Second Appeal has been filed against the judgment and decree, dated 16.3.2007, made in A.S.No.41 of 2006, on the file of the Subordinate Judge of Nilgiris at Uthagamandalam, confirming the judgment and decree, dated 22.3.2006, made in O.S.No.241 of 2000, on the file of the District Munsif, Uthagamandalam.

(2.) THE defendants 2 to 7 in the suit O.S.No.241 of 2000, are the appellants in the present second appeal. THE plaintiff had filed the suit praying for the relief of mandatory injunction to direct the defendants to remove the illegal construction made by the defendants by encroachment over the plaintiff's property and for costs.

(3.) THE deceased defendant had encroached upon the plaintiff's property on the south west edge measuring about 12 sq.ft. by constructing a 20 feet wall. THE said illegal construction was made during the months of May and June 2000. Inspite of the objections raised by the plaintiff, the deceased defendant had hurriedly put up the illegal construction over the plaintiff's property with the wrongful intention of grabbing the said property. Since the defendant N.Nanjappan had died, on 3.12.2001, leaving behind the defendants 2 to 7 as his legal heirs, they have been impleaded in the suit as defendants 2 to 7. Since they are in possession and enjoyment of the assets left behind by the deceased N.Nanjappan, the plaintiff had caused a legal notice, dated 3.7.2000, calling upon the deceased defendant to demolish the illegal construction measuring about 12 sq. ft. and 20 feet wall constructed over the plaintiff's land. THE deceased defendant instead of complying with the demand made by the plaintiff, had issued a reply notice denying that he had encroached upon the plaintiff's property. In such circumstances, the plaintiff has filed the suit in O.S.No.241 of 2000, on the file of the District Munsif Court, Uthagamandalam.