J MUNIKRISHNAN Vs. K J PADMANABAN

JUDGEMENT

(1.) These second appeals are directed against the common judgment and decree dated 31.12.2002, passed in A.S.Nos.50 & 68 of 1997, on the file of the Subordinate Court, Kancheepuram, reversing the judgment and decree dated 31.01.1997, passed in O.S.Nos.8 & 60 of 1993, on the file of the Additional District Munsif Court, Kancheepuram.

(2.) The appellant and the respondent are brothers. It is found that both the appellant and the respondent have filed separate suits against each other, seeking the relief of permanent injunction, on the footing that the suit property in their respective suits had been allotted to them under the partition deed dated 205.1978 and both of them have also admitted that though there is a building in the suit property, to avoid the stamp duty, it is their case that the above said partition deed was effected showing the property therein as a vacant site and thus, each claim to be entitled to 12 feet east to west and 158 feet north to south with the building thereon and complaining that each are trying to interfere with the possession and enjoyment of the other unlawfully, it is found that both the appellant and the respondent have laid the suits separately for the relief of permanent injunction.

(3.) It is found that the suit laid by the appellant and respondent were tried separately by the trial Court and in O.S.No.8 of 1993, in support of the respondent's case PW1 was examined and Exs.A1 to A3 were marked. On the side of the appellant DW1 was examined, no document was marked. Exs.C1 and C2 were also marked. In O.S.No.60 of 1993, on the side of the appellant PWs 1 and 2 were examined and Exs.A1 to A11 were marked and on the side of the respondent DW1 was examined, no document was marked.