MARA NAICKER Vs. NAGA NAICKER

JUDGEMENT

(1.) This Second Appeal is preferred by the defendants in O.S. No. 578 of 1998. The suit has been laid against them for permanent injunction from interfering with the peaceful possession and enjoyment of the plaintiff in respect of the suit property as a dominant owner.

(2.) According to the plaintiff, the vacant site measuring 14 yards north-south and 12 yards east-west was purchased by his father Naganaicker on 24.10.1945 from one Kalanaicker. Since then, the said property was in possession and enjoyment of his father. After the demise of his father, the plaintiff has got the possession and enjoyment of the suit property. He has constructed a thatched house in the vacant site, two years before filing of the suit. On 14.08.1998, the defendants who are brothers living next to the plaintiff attempted to encroach upon the suit land and engulf the suit property.

(3.) The said suit was resisted by the appellants herein by filing written statement denying the alleged encroachment and plaintiff claiming title over the suit property through the sale deed dated 24.10.1945. The defendants specifically contented that the plaint schedule does not specify the actual extent and description. The land being classified as natham, the Government has granted patta to all the inhabitants of the village including the plaintiff and the defendants. Suppressing the said facts, based on her documents alleged to have been executed in the year 1945, which does not specify the extent of the property, the suit has been filed.