- (1.) This is a defendants-appellant's appeal. The facts of the case is, that the plaintiff filed a suit for mandatory injunction directing the defendant to remove the wall and Chappar shown by the letters indicated in the plaint map and restore the land in its original condition in favour of the plaintiff. The plaintiff also prayed for a permanent injunction restraining the defendant not to interfere in the plaintiff's possession over the land in question. The plaintiff contended that he was the owner and in possession over the land in question since the time of his ancestors and that the defendant illegally erected a Chappar in the Sehan of the plaintiff.
(2.) The defendants contested the suit and denied the ownership and possession of the plaintiff over any part of the land in dispute. The defendants in their written statement contended that the land in suit was in their possession for a long time and that the plaintiff was never in possession.
(3.) On the basis of the pleadings, the following issues were framed: (1) Whether the appellant was the owner of the disputed land and was in possession till the construction of the madai and the wall in suit? (2) Whether the respondent had encroached upon the land in suit? (3) Whether the suit was barred by time?;