SUKRI KONAR (DIED) Vs. K. ARUMUGHAM

JUDGEMENT

(1.) This Second Appeal has been filed by the first defendant in O.S. No. 587 of 1985, on the file of the II Additional District Munsif Court, Coimbatore. O.S. No. 587 of 1985, had been filed by the plaintiff Arumugham against two defendants Sukri Konar and Krishna Konar, seeking a judgment and decree for a declaration that the defendants had encroached into the B-schedule properties and that the plaintiff has title to the said property and for delivery of peaceful possession and also for declaration that the plaintiff has absolute title to Cschedule properties and restraining the defendants from encroaching into Cschedule properties.

(2.) In the plaint, the A-schedule property was given as land in S. No. 242/3, Patta No. 579 in Somayampalayam Village, Coimbatore. B-Schedule property for which recovery of possession and declaration of title was sought for, was a portion of the land in S. No. 242/3, namely, a strip of land about 10 links in width along with the boundaries on the North and the West and about 140 links on the South of S. No. 242/3. The C-schedule property for which declaration of title and injunction was sought for, was the remaining portion of land in S. No. 242/3 measuring 2.47 acres in Somayampalayam Village, Coimbatore. This suit came up for consideration before the learned II Additional District Munsif Court, Coimbatore on 7/7/1995 and the suit was decreed. Challenging that judgment and decree, the first defendant Sukri Konar filed A.S. No. 171 of 1995 before the learned District Munsif Court, Coimbatore. By judgment and decree dtd. 24/6/1996, the appeal was dismissed.

(3.) Challenging that judgment, the first defendant had filed the present Second Appeal. It must be mentioned that the second defendant in the suit namely, Krishna Konar remained exparte both during the Trial Court proceedings and in the First Appellate Court proceedings. Even before this Court he chose to remain exparte.