THIRUMAL Vs. YESURAJ

JUDGEMENT

(1.) The plaintiff in O.S.No.2135/2000 on the file of the second Additional District Munsif Court, Coimbatore is the appellant herein. The suit was filed seeking a decree for permanent injunction restraining the defendants from interfering with her peaceful possession and enjoyment of land of an extent of 1036 sq. feet along with building bearing D.No.177, Ammankulam North, Pappanaickanpalayam, Coimbatore. The linear measurement of the property is North - South 37 feet on both sides and East west 28.6 feet on the northern side and 28 feet on the southern side. To prove her possession, the plaintiff had relied upon an assignment made in the year 1972 by the Government.

(2.) The said suit was resisted by the defendants 1 & 2 contending that the plaintiff was not in possession of the entire extent of 1036 sq.feet The specific pleading of the defendant is that the plaintiff was assigned land of an extent of 752 sq.feet only under Ex.B1 dated 31.08.1975 and she is not entitled to anything more than the said extent. In fact, the defendants had admitted the title of the plaintiff to the extent of 752 sq.feet. assigned to her under Ex.B1.

(3.) On the above pleadings the Trial Court framed the following issues:-