NAMBI NACHIYARAMMAL (DIED) Vs. R PERUMAL NAIDU (DIED)

JUDGEMENT

(1.) The plaintiff, Nambi Nachiyarammal in O.S.No.1014 of 1982 on the file of the Additional District Munsif Court, Tirunelveli, had filed the said suit against R.Perumal Naidu, the defendant, for declaration of title of a wall measuring 7 feet and to a height of 13 feet to the west of plaintiff's property and to the east and north of the defendant's property and for direction that the defendant should not put up any construction over the said wall.

(2.) The said suit came up for consideration on 25.01.1991 and the learned Additional District Munsif had dismissed the suit. The plaintiff, then, filed A.S.No.47 of 1991 before the Additional Subordinate Court, Tirunelveli. The Additional Subordinate Judge, by judgment dated 03.10.1994, dismissed the appeal. Challenging that judgment, the plaintiff had filed the present second appeal.

(3.) The second appeal had been admitted on the following substantial questions of law: