RADHAKRISHNAN (DIED) Vs. SHAHUL HAMEED

JUDGEMENT

(1.) The first appellant/ plaintiff filed the suit in O.S.No.296 of 1994 for declaration declaring that the plaintiff is the absolute owner of the suit property and for permanent injunction. The lower Court dismissed the suit. Aggrieved by the same, the plaintiff filed appeal before the lower Appellate Court. The lower Appellate Court dismissed the appeal and confirmed the judgment and decree passed by the lower Court. Hence, the plaintiff who lost his case before the Courts below has filed this second appeal.

(2.) The first appellant herein is the sole plaintiff and the respondent herein is the sole defendant in the suit in O.S.No.296 of 1994. The appellants 2 and 3 being the legal heirs of the first appellant are impleaded in the second appeal. For the sake of convenience, the parties are hereinafter referred to as per their rank in the suit.

(3.) The sum and substance of the plaint averments are as follows: The plaintiff is the owner of the large extent of the suit property which was originally held by one Pachaiammal. The suit property is a wall of the shop which is situated at Thirunallar road having a link with the manaicut and the house annexed to it and it is having its entrance from the road. The shop is situated at Thirunallar road bearing number 144. Initially the property was leased out to the plaintiff who is running a sweet stall there. The said Western wall is having the breadth of 33 cm and it is running up to the tip of the other and of the manaicut of the plaintiff. Infact, the wall was constructed by the predecessor of the plaintiff and the building is aged about 60 years.