KANNAN Vs. VENKATACHALAM

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioner/defendant against the fair and decretal order dated 03.11.2016 in E.A.No.35/2014 in E.A.No.334 of 2012 in E.P.No.15 of 2012 in O.S.No.356 of 1989 on the file of the II Additional District Munsif, Puducherry.

(2.) The respondents herein, as plaintiff, has filed a suit against the Civil Revision Petitioners in O.S.No.356 of 1989 before the II Additional District Munsif, Pondicherry, praying for a declaration declaring the plaintiffs are the absolute owners of the schedule property, for recovery of possession and for removal of the super structure raised thereon. An Advocate Commissioner was appointed to identify and locate the encroachment, if any, in "B schedule property" comprised in R.S.No.232/1B and his report and sketch were marked as Ex.C.1 to C3.

(3.) The suit is allowed and the plaintiffs are declared as the owners of the property mentioned as R1 in Ex.C3 and entitled to recover vacant possession of the same from the defendant, further removal of superstructure constructed in the property was also ordered and six months time is granted for removal of the same from the encroached property and hand over the same to the plaintiffs/respondents.