P. ARASU Vs. E. ADHILAKSHMI

JUDGEMENT

(1.) The above Second appeal is filed challenging the Judgment and Decree in A.S. No. 37 of 2013 on the file of the learned II Additional Judge, City Civil Court, Chennai, confirming the Judgment and Decree of the learned XII Assistant Judge, City Civil Court, Chennai, in O.S. No. 1829 of 2011. Parties are referred in the same array as in the suit.

(2.) The suit O.S. No. 1829 of 2011 has been filed by the respondent herein for bare injunction restraining the defendant from encroaching into the suit schedule property. The Suit schedule property has been described as vacant site measuring an extent of 1135 sq. ft. comprised in S.T. No. 83/2010/2011, T.S. No. 669/240, Patta C.A. No. 710/2010, R.S. No. 669/9, Pallath Street, Vyasarpadi Village, Chennai.

(3.) The case of the plaintiff is that the suit schedule property belonged to the plaintiff's maternal grandfather Velayutha Naicker, who had owned several properties including the suit schedule property. It is the case of the plaintiff that the property was settled on her mother Padmavathi and after the settlement, the defendant who is a relative of the plaintiff made a false claim that the property belonged to him and he has filed a suit O.S. No. 135 of 2004 which was dismissed by the learned I Assistant Judge, City Civil Court, Chennai. It is the further case of the plaintiff that there is a passage between the plaintiff and the defendant's property which is a 5 ft. wide common passage and the defendant had attempted to encroach upon into his property which is a vacant land.