ALAMELU AMMAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present appellant is the defendant in O.S.No.844 of 1993 on the file of the Additional District Munsif, Villupuram and respondent in A.S.No.117 of 1995 on the file of the Principal District Judge, Villupuram.

(2.) The respondent/plaintiff filed a suit in O.S.No.844 of 1993 before the Additional District Munsif, Villupuram for declaration of his title to the suit property and for recovery of possession and for past and future mesne profits.

(3.) Briefly stated the case of the plaintiff in O.S.No.844 of 1993 is as follows. The plaintiff purchased the suit property in Survey number 262 of Kangeyanur Village measuring 54 cents from one Jagadeesan through a registered sale deed dated 09.01977 (Ex.A2). When he measured the property a few years back, he found that the defendant had encroached upon his land to the extent measuring 26 cents. Therefore, the plaintiff issued a notice dated 12.08.1991, a copy of which is marked as Ex.A12. The defendant received the said notice and sent a reply dated 28.08.1991 to the defendant, which according to the plaintiff contained false allegations. The specific case of the plaintiff is that the defendant cannot claim any right over the suit property.