V.KHALID
Karthiyayani Amma – Appellant
Versus
Govindan – Respondent
Plaintiffs 1 to 3 are the appellants. The suit was for a declaration of title and possession and also for an injunction to restrain the defendants from interfering with the plaint property and destroying a boundary (Wada). The trial Court decreed the suit declaring that the plaintiffs had title and possession over 67 cents of plaint schedule property and that the plaintiffs were entitled to get the wada, which existed on the western boundary of the plaint schedule property, restored. In appeal, the Appellate Court set aside the decree and judgement of the trial Court. Hence this Second Appeal.
2. The dispute in this case relates to 17 cents of land which, as per the documents of title, forms part of the 1st defendant's property which is 1.17 acres in extent. The plaintiffs have as per their documents of title property only of 50 cents in extent. The plaintiffs did not have a consistent case regarding the extent of the property. In the original plaint, the extent of the property was shown as 7 cents. Later it became 17 cents by two amendments in the plaint. The entire property originally belonged to one tarwad. By various assignments the plaintiffs became entitled to th
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