LAWS(MAD)-2009-1-445

UDAYAR Vs. DAIVA GURUVAMMAL

Decided On January 19, 2009
Udayar Appellant
V/S
Daiva Guruvammal Respondents

JUDGEMENT

(1.) This appeal is disposed off in the admission stage itself.

(2.) The defendant in O.S. No. 40 of 1999 is the appellant before this Court. The suit in O.S. No. 40 of 1999 has been filed by the respondent/plaintiff before the Additional District Munsif, Sankaankoil for the relief of permanent prohibitory injunction and mandatory injunction. By a later amendment as per Court order, the relief of declaration was also added in the plaint.

(3.) The case of the plaintiff is that the suit property belonged to one Kanagaraj son of Sundaram and the same was purchased by the plaintiff on 23.9.1996 and since then she has been in possession and enjoyment of the same. Under the Government Welfare scheme, a house was constructed by the Government in the part of the property and the plaintiff has been living there with her family. The other portion has been kept vacant and she has put up a shed in the vacant place. The northern side of the property belonged to one Poochi and eastern side of the property of Poochi, the property belonged to the defendant is situated. The defendant under the guise of purchasing the property from the said Poochi, attempted to construct a wall in the suit property which was thwarted by the plaintiff. But now, the defendant on 2.2.1999 tried to put up a wall on the northern side and again due to intervention of elders in the village it was prevented. But taking advantage of the fact that the plaintiff is a woman and her husband is a physically handicapped person, every attempt is being made by the defendant to take possession of the property on and from 2.2.1999. Hence, the suit is filed by the plaintiff for the aforesaid relief.