I S A HYDER ALI Vs. KANNIAPPAN

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.111 of 1991 on the file of the District Munsif, Chengalpattu and appellant in A.S.No.99 of 2001 on the file ofo= the Additional Subordinate Judge, Chengalpattu is the appellant herein.

(2.) The appellant/plaintiff filed a suit in O.S.No.111 of 1991 before the District Munsif, Chengalpattu for a declaration of his title to the suit 'B' schedule property shown as ABDE in the plaint plan (Ex.A3) and for a consequential relief of permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment over the B schedule properties.

(3.) The brief case of the appellant/plaintiff is as follows. The appellant/plaintiff purchased 'A' and 'B' schedule properties through two registered sale deeds dated 10.11.1982 (Ex.A1) and 10.05.1983 (Ex.A2) and eversince the date of purchase, he (plaintiff) was in peaceful possession and enjoyment of the said properties by putting up a construction. The appellant/plaintiff has been using 'B' schedule property as a vacant passage for convenient enjoyment of 'A' schedule property. According to the appellant/plaintiff, the defendant, whose property is situate on the western side of the plaintiff's property is claiming right to the passage thereby casting cloud on the plaintiff's title to the 'B' schedule property and also attempted to trespass into the 'B' schedule property during the last week of March 1991 and the same was prevented by the plaintiff.