R. RADHAKRISHNAN Vs. R. NAGARAJAN

JUDGEMENT

(1.) The plaintiff in O.S.No.916 of 1986 on the file of III Additional District Munsif Court, Coimbatore/Trial Court is the appellant herein. He filed the suit i) for permanent injunction, ii) for recovery of possession of 'B' schedule property and iii) for mesne profits.

(2.) The case of the appellant/plaintiff is as follows:-

(3.) The defendant resisted the plaint, by filing a written statement, stating that under a registered settlement deed-Ex.B.1, dated 13.06.1986, the mother executed the property in respect of eastern portion and put him in possession of the same, and the plaintiff cannot claim absolute title to the entire extent of the suit property, and the plaintiff is also not entitled to 2,361 sq.ft., under the settlement deed, dated 17.06.1983 and the defendant has not encroached upon any portion and the alleged encroached portion absolutely belongs to the defendant and the plaintiff cannot claim any right over the same. The defendant also filed an additional written statement, denying various allegations made in the plaint.