RAMALINGAM PILLAI Vs. AMMANI AMMAL

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the learned II Additional District Judge, Tiruchirappalli, dated 20.07.1994 made in A.S. No. 296 of 1991 reversing the judgment and decree of the trial Court, namely Court of District Munsif, Thuraiyur, dated 22.02.1991, in O.S. No. 222 of 1985.

(2.) One Narayanasamy Pillai, the deceased first plaintiff filed the Original suit on the file of the District Munsif, Thuraiyur for the relief of mandatory injunction and damages. During the pendency of the suit, the said Narayanasamy Pillai died and hence the respondents 1 to 5 herein were impleaded as plaintiffs 2 to 6 in the suit.

(3.) The suit was filed based on the contention that the suit property shown as "A A1 A2 A3 C C1" in the plaint plan was purchased by the deceased first plaintiff, when the same was a thatched house, under a sale deed dated 16.11.1963; that the east-west measurement of the suit property was 12 feet; that the appellant/defendant was the owner of the property lying on the west of the north south wall marked as "AC" in the plaint plan; the said wall was initially claimed by the deceased first plaintiff in a former suit (O.S. No. 17 of 1977) to be a common wall belonging to him and the appellant/defendant; that the said suit was dismissed upholding the contention of the appellant/ defendant that the said wall exclusively belonged to him; and that however in the said former suit there was a clear admission made by the appellant/defendant that he had no right over the property lying on the east of 'AC' wall.