SAMSUDEEN Vs. S APPANNAN

JUDGEMENT

(1.) THE plaintiff filed O.S. No.443 of 1983 on the file of the District Munsif's Court, Aruppukottai, which was dismissed. Hence, he preferred an appeal in A.S.No.418 of 1993 before the Principal District Court, Srivilliputhur, and the same allowed. Aggrieved by the said judgment and decree passed by the Principal District Judge, the present Second Appeal has been preferred by the defendants.

(2.) THE allegations in the plaint, in brief, are as follows: THE plaintiff, who is the owner of the property who got it under a registered Inam settlement deed dated 12.09.1966 executed by one Guruvammal. THE said Guruvammal and the mother of the plaintiff were siblings. She had purchased the property by sale deed, dated 30.06.1936 from one Shanmugavelupillai. THE plaintiff has been in possession and enjoyment of the property by putting up a tiled house measuring 20 feet North to South and 18 feet East to West. He owns 30 feet North to South and 18 feet East to West leaving the remaining 10 feet North to South and 18 feet East to West as a vacant place. Further, the North side of the property belongs to the defendants. Since the plaintiff was away from his native place on account of his employment as post-man, taking advantage of the plaintiff's absence, the defendants put up a tiled house during 1982 just North and South to the property to the extent 10 feet North to South and 18 feet East to West. Hence, the suit has been laid seeking mandatory injunction for removal of superstructure put up by the defendants with the suit schedule property.

(3.) WHEN this Second Appeal was admitted on 03.09.1997, the following substantial questions of law were formulated: