KRISHNAMOORTHY Vs. NAGARATHINAM DECEASED

JUDGEMENT

(1.) THE Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 26/7/1994 in A.S.No.325 of 1992 passed by the Learned Subordinate Judge, Nagapattinam.

(2.) THE First Appellate Court viz., the Learned Sub-Judge, Nagapattinam, while passing the Judgment in A.S.No.325 of 1992 dated 26/7/1994 has inter alia observed that the Appellants/Defendants have encroached upon the lane in Survey No.79/14 as evidenced by the Commissioner's Report and further the aforesaid property belonged to the Respondents/Plaintiffs which is a correct decision and therefore, for removing the encroachment, the Respondents/Plaintiffs are entitled to get the relief of mandatory injunction and accordingly affirmed the Judgment and Decree passed by the Learned District Munsif, Nannilam in O.S.No.112 of 1989 dated 31/7/1991.

(3.) THE trial Court in the main suit, has framed five issues for adjudication. On an appreciation of oral and documentary evidence on record, the trial Court has decreed the suit in favour of the Respondents/Plaintiffs granting the relief of declaration and mandatory injunction and also granted one month time to the Appellants/Defendants to remove the encroachment and handover possession.