CHINNAPONNU Vs. MEENAKSHI

JUDGEMENT

(1.) THE petitioners are plaintiffs in the suit in O.S.No.13 of 2004 on the file of the District Munsif Court , Kulithalai. They filed a suit for permanent injunction against the defendants with regard to house which situates survey No.173/35 in an extent of 0.03 cents with measurements East West 36 feet and North South 36 1/4 feet.

(2.) THE suit was dismissed by the Court below and they preferred an appeal in A.S.No.11 of 2007 on the file of the Sub -Court, Kuzhithalai. Pending hearing of the appeal, the appellate Court appointed the Advocate Commissioner to inspect the suit property with the assistance of the Village Administrative Officer and file a report with a rough plan. After seeing it, the plaintiff came to know that the property belonging to him extends into survey No.173/34 also which is on the west of survey No.173/34 and hence, he filed an amendment application in the appeal stage to include certain pleadings in the plaint and also the prayer that a mandatory injunction has to be issued for removal of the superstructure, namely, thatched shed put up by the defendants in

(3.) IN the counter filed by the respondents, the above said allegations are denied that the plaintiff has no right over survey No.173/34 and that they received patta from the Tahsildar for the said survey number and even the plaintiff himself has admitted in his cross -examination that he has no right in the said survey number, that the first defendant put up a thatched house and has been residing there for a long time and that the petition for inclusion of mandatory injunction in the suit is not sustainable.