ARUMUGA ACHARI Vs. RAMASAMY ACHARI

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the Judgment and Decree passed by the learned Subordinate Judge, Kallakurichi in A.S. No. 36 of 1997, dated 24.09.1999.

(2.) The respondent herein has filed a suit in O.S. No. 444 of 1994 on the file of the II Additional District Munsif, Kallakurichi for declaration and recovery of possession. Though the suit was dismissed by the trial Court, on appeal by the plaintiff, it was decreed by allowing the appeal. Hence, the defendant has filed this Second Appeal. For the sake of convenience, the parties are referred to as prescribed before the trial Court.

(3.) The averments made in the plaint are in brief as follows: One Manikka Asari was the original owner of the suit property. He executed a registered Will, dated 19.02.1991 in favour of the plaintiff and subsequently he died. Thereafter, the plaintiff acquired the suit property and enjoyed the same by paying house tax. But, on 29.04.1994, the defendant trespassed into the suit property and tried to build a thatched house. Hence, the plaintiff has filed the suit for declaration and recovery of possession.