ARUL Vs. VETHA MUTHU

JUDGEMENT

(1.) The Defendant in O.S. No. 60 of 2006 is the appellant before this Court. O.S. No. 60 of 2006 has been filed by the respondent/plaintiff for declaration and injunction.

(2.) The case of the plaintiff in O.S. No. 60 of 2006 is that the plaintiff and the defendant are brothers. The suit property is in a Grama Natham. Originally, the suit property belonged to the father of the plaintiff and the defendant, namely Sepasthiyan. The said Sebasthiyan executed a settlement deed dated 18-03-1993 settling the suit property and other properties in favour of the plaintiff and since then, the plaintiff has been enjoying the suit property along with other properties. Thus the plaintiff alone is in possession. Further, the plaintiff has been keeping the suit property as a vacant land for keeping his cattles and also using it as Kalam. The plaintiff's father died on 18-07-1994. After his death, he has allowed the defendant to take one property and the defendant has also been enjoing the same.

(3.) It is the case of the plaintiff that the defendant is also using his land by encroaching upon the West of the suit property which is a lane. When the said encroachment was objected to by the plaintiff, the defendant turned a deaf ear. That apart, the defendant threatened that he would put up a construction in the encroachment. Hence, the above suit for the aforesaid relief.