M ROBERT Vs. V BALAKRISHNAN

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dated 19.12.2014 passed in A.S.No.142 of 2010 on the file of III Additional District & Sessions Judge, Coimbatore reversing the judgment and decree dated 01.11.2010 passed in O.S.No.631 of 2008 on the file of III Additional Subordinate Judge, Coimbatore.

(2.) The appellants are the defendants and respondent is the plaintiff in O.S.No.631 of 2008 on the file of III Additional Subordinate Judge, Coimbatore. The respondent filed the said suit for possession of the 'B' Scheduled property by ejecting the appellants and directing the appellants to deliver possession of the 'B' Scheduled land encroached upon to the respondent after removing the structures put up thereon and for mandatory injunction directing the appellants to remove the illegal RCC building put up by the appellants over the 'B' Scheduled 'C', 'D', 'E' & 'F'. properties.

(3.) According to the respondent, he is the owner of the property measuring 2 acres 23 cents in Survey No.83, Ganapathy Village, Coimbatore Taluk describing in 'A' Scheduled property. According to the respondent, he purchased the said property from one A.Palanisamy s/o Appa Naidu vide deed of sale dated 07.02.2006. The respondent's vendor A.Palanisamy purchased the said property on 29.04.1981 from M/s.Sujini Textiles who purchased the same in Court Auction Sale held on 19.01.1971 in E.P.No.113 of 1969 in O.S.No.3 of 1968 on the file of Subordinate Judge, Coimbatore. The total extent of the property in Survey No.83 is 4 acres and 47 cents. The 'A' Schedule property is 2 acres 23 cents on the southern side. It was a dry agricultural land and the portion in between northern side and southern side were not demarcated. The respondent and his vendor used to raise dry crops whenever there was rain.