V GANESAN Vs. K P ARUMUGAM

JUDGEMENT

(1.) Second Appeal is filed against the Judgment and decree dated 21.09.2012, made in A.S.No.15 of 2012 on the file of Sub Court, Harur, modifying the Judgment and Decree of the learned District Munsif of Harur, dated 30.08.2011 in O.S.No.357 of 2003.

(2.) The appellant is the defendant and the respondent is plaintiff in O.S.No.357 of 2003. The respondent filed the said suit against the appellant for the relief of declaration of title of the suit property, permanent injunction not to construct the encroached "ABCD" portion and to remove the encroachment shown in the plaint plan.

(3.) According to respondent, the suit property was alloted to him as per the partition deed dated 05.01977. He is in possession and enjoyment of the property by paying taxes to the Government. The appellant's land is situated on the eastern side of the suit property. The respondent is working as teacher. The appellant approached the respondent to purchase the suit property . The respondent refused to sell the suit property. Hence, there is an enmity between the appellant and the respondent. In the absence of the respondent, the appellant encroached the suit property and put up the basement upto 3 feet. The respondent prevented the appellant from putting up further construction. The appellant proclaimed that he is going to construct the building over the encroached portion. Hence the respondent filed a suit for declaration, Permanent injunction and for mandatory injunction.