SRINIVASAN Vs. KUNJU

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 30.8.1995, made in A.S.No.65 of 1994, on the file of the Subordinate Judge, Mayiladuthurai, reversing the judgment and decree, dated 11.3.1994, made in O.S.No.167 1990, on the file of the District Munsif, Sirkali.

(2.) THE plaintiff had filed a suit in O.S.No.167 of 1990, on the file of the District Munsif Court, Sirkali, praying for the relief of permanent injunction with regard to A schedule property and for the relief of recovery of possession with regard to B schedule property as described in the plaint.

(3.) THE facts of the case, as stated by the plaintiff, are as follows: THE suit property in survey No.341, having an extent of 0.66 cents in Madirvelur village, belongs to Madhaliswaraswami Devasthanam. THE plaintiff has been cultivating the suit property for many years as a recorded tenant. THE defendant had illegally encroached on the suit property by setting up a Cycle Shop in the said property. Further, in spite of the defendant acknowledging the rights of the plaintiff in the suit property, he had trespassed into the B schedule property to an extent of 1 cent. In such circumstances, the plaintiff has filed the suit praying for the reliefs as stated therein.