M PADMAVATHI Vs. JANAKIRAMAN

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 09.12.2016 made in A.S.No.37 of 2010 on the file of the Subordinate Court, Kanchipuram, confirming the judgment and decree dated 01.04.2010 made in O.S.No.1028 of 1993 on the file of the Additional District Munsif, Kanchipuram.

(2.) The appellant is plaintiff who lost in both the Courts below against the respondent/defendant. The appellant filed O.S.No.1028 of 1993 for declaration that she is absolute owner of the suit property and for permanent injunction restraining the respondent from interfering with her peaceful possession and enjoyment of the suit property by putting up any construction or doing any act inside the suit property. The suit property originally belonged to one Chinnappan and others. The appellant purchased the suit property by the sale deed dated 01.01984 for valuable consideration of Rs.5,000/-. From the date of purchase, she is in possession and enjoyment of the suit property. After purchase, she put up a thatched brick house on the western side of the suit, to an extent of 36 x 9 feet. Subsequently, on the east of her thatched construction, she constructed a storied building to an extent of 16 feet x 45 feet by encroaching the portion in the channel poromboke on the southern side. The appellant left 1.2 feet on the northern side, 4.2 feet on the southern side, to a length of 48 feet on the eastern side and 45 feet on the western side described as ABCD in plaint plan. The respondent attempted to trespass the suit property and tried to forcefully enter into the open space left by the respondent. The respondent also stored bricks, sand, etc., and threatened the appellant to put up construction. Hence she filed the suit.

(3.) The respondent filed written statement and denied all the averments and contended that the Plot No.26 was assigned by the Government to one Chinnappan, who was the last grade employee in the Collectorate of Chengalpattu on condition that he should not alienate to any third party within 12 years from the date of allotment. According to the appellant, she purchased the property in the year 1984, within 12 years from the date of assignment and the sale deed is invalid. The Plot allotted to Chinnappan is Plot No.26 measuring 55 links on the north i.e., 36 feet and 54 links i.e., 35.25 feet on the south. The appellant constructed building in the entire land without leaving any open space. The respondent, also a last grade Government employee was allotted Plot No.27, measuring an extent of 66 links i.e., 44 feet on the north and 64 links i.e., 42 feet on the south. The appellant constructed house, leaving 3 feet open space. The sun shade put up by the appellant is protruding to the respondent's property in the first floor. The appellant has not constructed any sun shade in the ground floor. The appellant is not owner of ABCD portion. The respondent is absolute owner and the respondent is in possession and enjoyment of ABCD portion. The appellant has no title over the said portion and prayed for dismissal of the suit.