- (1.) The Appellant/1st Respondent/Plaintiff has filed the present Second Appeal as against the Judgment and Decree dated 24.08.1998 in A.S.No.104 of 1997 passed by the Learned Subordinate Judge, Thiruvannamalai, in reversing the Judgment and Decree dated 30.09.1997 in O.S.No.555 of 1987 passed by the Learned II Additional District Munsif, Thiruvannamalai.
(2.) The Resume of Plaint Facts (filed by the Appellant/ Plaintiff): The Plaint Schedule property and other properties belonged to the 3rd Respondent/1st Defendant. The 3rd Respondent/1st Defendant for himself and for 1st Respondent/2nd Defendant and 2nd Respondent/ 3rd Defendant minor sons Kuppusamy and Viji as guardian, has sold the property by means of Sale Deed, dated 21.01.1986, for a sale consideration of Rs.900/-. The Appellant/Plaintiff is the absolute Landlord. The property purchased by the Appellant/Plaintiff has been encroached upon by the 3rd Respondent/1st Defendant with the connivance of the 1st Respondent/2nd Defendant and in the suit property, they have put up a fence.
(3.) Coming to know about the encroachment, the Appellant/ Plaintiff has caused a Lawyer's notice, dated 01.07.1987, to the 1st Respondent/2nd Defendant and the 2nd Respondent/3rd Defendant. The 1st Respondent/2nd Defendant and the 2nd Respondent/3rd Defendant have caused a reply dated 10.07.1987, but, they have not removed the encroachment. The suit has been filed for declaration that the Appellant/Plaintiff is the owner of the suit property absolutely and for recovery of possession through Court. Also, the Appellant/Plaintiff has sought the relief of mesne profits as per Order 20 Rule 12 of Civil Procedure Code from the date of filing of the suit till date of possession.;