J. KARUPPAYYAN Vs. G. WILSON

JUDGEMENT

(1.) The defendant who is the appellant before this Court has challenged the Judgement and Decree of the Sub Court, Kuzhithurai in A.S. No. 41 of 2010, in and by which the learned Judge had reversed the Judgement and Decree of the II Additional District Munsif, Kuzhithurai in O.S. No. 18 of 2003.

(2.) The suit in question is one for a declaration of the plaintiff's title to the A-Schedule property and for consequential injunction restraining the defendant from entering into the A-Schedule property except C-Schedule property, to declare the plaintiff's title and possession to the B-Schedule property and consequently restrain the defendant by an order of injunction from entering into B-Schedule property and disturbing the peaceful possession of the plaintiff over the B-Schedule property and to declare the title of the plaintiff to the C-Schedule property and permit the plaintiff to recover the C-Schedule property from the defendant after demolishing the compound wall or removing the trespass.

(3.) The A-Schedule property is described as an extent of 3 cents in R.S. No. 517/19A of Nattalam village together with a building therein, bounded on the East by property of Anpayyan, North by property of the plaintiff, West by R.S. No. 517/18 belonging to the defendant, South by defendant's property in R.S. No. 517/19B.