N. PRABHAJA Vs. T. RAMAKRISHNAN AND OTHERS

JUDGEMENT

(1.) This second appeal is filed against judgement and decree in A.S.No.52 of 2014, dated 11.08.2015 on the file of the Principal Sub Court, Nagercoil, confirming the judgment and decree in O.S.No.90 of 2012, dated 21.02.2014 on the file of the II Additional District Munsif Court, Nagercoil.

(2.) The plaintiff is the appellant in this appeal and he filed a suit in O.S.No.90 of 2012, on the file of the II Additional District Munsif Court, Nagercoil, praying for demarcating and measuring the suit schedule property, especially on the northern side, by putting survey stones on the basis of the revenue records maintained by the third defendant, under the administration of the fourth and fifth defendant. The suit is also for consequential permanent injunction restraining the defendants 1 and 2 and their men from encroaching into or disturbing the plaintiff's peaceful possession and enjoyment of the suit property. The suit property as described in the plaint is a land, measuring an extent of 4 1/2 cents, in resurvey No.125/9.

(3.) The case of the plaintiff is that the plaintiff's father got the suit schedule property under a registered partition deed of the year 1972 (Document No.2683/1972). The suit was contested by the respondents mainly on the ground that the plaintiff is claiming right more than what he is entitled to under the registered partition deed. It is the specific case of the defendants that the plaintiff's father was allotted only an extent of 4 ? cents property and not 4 1/2 cents. The Trial Court dismissed the suit holding that the plaintiff cannot claim more than the extent his father got under the registered partition deed in the year 1972. The appellant preferred an appeal before the Principal Sub Judge, Nagercoil, in A.S.No.52 of 2014. The appellate Court also dismissed the appeal, confirming the judgment and decree of the trial Court. Aggrieved by the judgment and decree of the lower appellate Court, the appellant/plaintiff has preferred the above second appeal.