ACHANANDIYIL PURUSHI Vs. PUTHANPURAYIL KAMALA

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 07.02.2018 made in A.S.No.16 of 2016 on the file of the II Additional District Court, Puducherry, confirming the judgment and decree dated 29.04.2016 made in O.S.No.2 of 2007 on the file of the Sub Court, Mahe.

(2.) The appellant who lost in both the Courts below is the defendant and respondent is the plaintiff in O.S.No.34 of 1997, which was then renumbered as O.S.No.2 of 2007 on the file of the Sub Court, Mahe. The said suit was filed by the respondent for permanent injunction restraining the appellant from interfering with the peaceful possession and enjoyment of the suit property.

(3.) The appellant filed written statement and contended that he is in possession of the property in R.S.No.73/2 at Chalakkara, measuring 4 Ares 90 Sq.m by virtue of Gift Deed No.501/1984 dated 28.12.1984 and jenmam Deed No.120/2003 dated 102.2003 of S.R.O Mahe respectively. The appellant denied that he is giving unnecessary trouble to the respondent and trespassed into the property belonging to the respondent. The appellant is constructing the house after obtaining permission from Mahe Planning Authority bearing No.173/MPA/06 dated 102006. The appellant has completed the renovation of his house and appellant and his family members are residing there.