C. ARUMUGAM Vs. C. AYYAVU

JUDGEMENT

(1.) THIS second appeal is focussed as against the judgment and decree dated 20.10.1999 passed in A.S.No.204 of 1999 by the learned I Additional District Judge -cum -Chief Judicial Magistrate, Thiruchirappalli, in confirming the judgment and decree dated 30.06.1999 passed in O.S.No.1092 of 1989 by the learned II Additional District Munsif, Thiruchirappalli.

(2.) BROADLY but briefly, narratively but precisely, the case of the plaintiff as stood exposited from the records could be portrayed thus:

(3.) PER contra, denying and disputing, the allegations/averments, the defendant filed the refutatory written statement with the averments inter alia thus: The plaintiff executed as per Ex.B.1, dated 06.06.1985 the release deed in respect of the aforesaid Chinnaians property in favour of the defendant after receiving a sum of Rs.10,000/ - from him. In that sale deed, the extent of the property was mentioned as 31 1/4 feet from north to south direction and there is no pathway found specified as the one existing between the erstwhile areas belonged to his father and his sister. Without any manner of right, the plaintiff was objecting to the defendants enjoyment of the property as envisaged in Ex.B.1. Accordingly, he prayed for the dismissal of the suit.