LAWS(MAD)-2018-1-591

CHELLATHURAI Vs. KALYANI

Decided On January 03, 2018
CHELLATHURAI Appellant
V/S
KALYANI Respondents

JUDGEMENT

(1.) This Second Appeal is filed to set aside the Judgment and Decree, dated 11.09.2017 in A.S.No.15 of 2014 passed by the learned Subordinate Judge, Devakkottai, reversing the Judgment and Decree, dated 20.03.2014 in O.S.No.7 of 2012 passed by the learned Additional District Munsif, Karaikudi.

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

(3.) The second defendant in the Suit is the appellant in the Second Appeal. Respondents 1 to 7 as plaintiffs filed a Suit in O.S.No.7 of 2012 before the learned Additional District Munsif, Karaikudi, for a declaration that the suit 'B' Schedule property belongs to the plaintiffs and consequently directing the defendants to deliver possession after removing the encroachment in the suit property. The suit property has been described in two schedules. 'A' Schedule property consists of 2.86 Acres of land in Survey No.252/4. 'B' Schedule property also forms part of the 'A' Schedule property, measuring an extent of 40 cents within specific boundaries.