PERUMAYEE Vs. JAYARAMA GOUNDER

JUDGEMENT

(1.) THE revision petitioner is the defendant, while the respondent is the plaintiff in the suit.

(2.) THE plaintiff filed the suit in O.S. No.367 of 1989 on the file of District Munsif, Athur seeking the relief of mandatory injunction for the restoration of the mamool cart track, which was in existence, having been obliterated by the defendant.

(3.) THE defendant resisted the claim of the plaintiff by filing written statement, contending that to say that there was a mamool cart track in existence passing through the land of the plaintiff and that the same had been subsequently obliterated by her is shorn of reality of the situation and that therefore, the relief, as prayed for in the suit, is incapable of being granted.