ISMATH BATCHA Vs. ABDUL KAREEM

JUDGEMENT

(1.) This litigation commenced almost two and half decades ago. To be precise, it commenced on 14.09.1994, when one Ismath Batcha filed a suit in O.S.No.336 of 1994 on the file of District Munsif's Court, Valankaiman at Kumbakonam with prayers for mandatory and permanent injunctions against one Abdul Kareem, who is none other than his father's blood brother.

(2.) Thereafter, Abdul Kareem filed a suit against his brother's son Ismath Batcha. This suit O.S.No.4 of 1996 is also on the file of District Munsif's Court, Valankaiman at Kumbakonam. Both the suits pertain to the same properties and arise out of the same factual matrix. Therefore, 'District Munsif's Court, Valankaiman at Kumbakonam' [hereinafter referred to as 'Trial Court' for the sake of convenience and clarity] considered it appropriate to take up the two suits for joint trial. As O.S.No.336 of 1994 is the senior suit (qua date of filing), parties in this second appeal shall be referred to by their respective ranks in the senior suit, i.e., O.S.No.336 of 1994 on the file of the Trial Court. In other words, for the sake of abundant clarity, Ismath Batcha, plaintiff in the senior suit, shall hereinafter be referred to as 'plaintiff' [To be noted, Ismath Batcha is the appellant in the second appeal]. Abdul Kareem sole defendant in the senior suit shall hereinafter be referred to as 'defendant' [To be noted, Abdul Kareem is the sole respondent in the instant second appeal]. Wherever deemed necessary, they shall be referred by names also for the sake of convenience and clarity.

(3.) For the purpose of better appreciation of this Judgment, it is deemed necessary to extract the sketch, which is part of description of suit property in the plaint in senior suit and the same is as follows: