KARUPPAYAMMAL Vs. THIRUMALAI GOUNDER

JUDGEMENT

(1.) The sole plaintiff Mr.Ponnappa Gounder, filed the suit in O.S.No.486/1996 before the District Munsif, Gobichettipalayam, against the respondents herein for a permanent injunction restraining them from interfering with his peaceful possession and enjoyment over the suit properties.

(2.) The case of the plaintiff is briefly as follows:-

(3.) A well and its surrounding area were left for common usage and this is indicated as 'B' Schedule property in the plaint. Since the defendants 3 and 4 sold their right in 'B' Schedule property to the first defendant through a sale deed dated 28.05.1984, they do not have any right over suit 'B' Schedule property. The legal heirs of Chinna Marappa Gounder, namely the plaintiff and the defendants 1 and 2 are in possession and enjoyment of the suit 'B' Schedule property. The plaintiff has also constructed a compound wall on the eastern side of his property leaving 3 feet wide pathway on the other side of the wall. According to him, the said pathway is within his property and he has been using the same for more than 25 years. While so, the defendants 3 and 4 started preventing the plaintiff from using the said pathway which is described as suit 'A' Schedule property. He has therefore prayed for a permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment over the suit properties.