MINNAL KODI Vs. BHARATHI MOHAN

JUDGEMENT

(1.) THIRD defendant in O.S.No.817 of 1991 on the file of District Munsif's Court, Cuddalore is the appellant.

(2.) SUIT was filed by plaintiff for declaring his title over suit properties and also for permanent injunction restraining defendants from putting up any construction in the suit properties and for mandatory injunction against third defendant directing her to remove the construction put up in item No.2 and deliver vacant possession and for costs of the suit.

(3.) TRIAL court after evaluating entire evidence, held that plaintiff is absolute owner of the property and third defendant is only a trespasser and she is liable to remove the structures put up by her in the property. It further held that appellant has not proved that Govindasamy is one of the legal heirs of Kumarasamy. It further came to the conclusion that as per Exs.A-1 and A-2 entire plaint schedule property came to the possession of plaintiff's predecessor and the same was dealt with by them, as per Ex.A-3 partition deed and patta also stand in their name as absolute owners. TRIAL court also found fault with appellant in taking sale deed after institution of suit and that too from a person who had no right over the property. The suit was decreed.