JUDGEMENT: Aggrieved by the judgment and decree dated 30.4.1993 passed in A.S.No.32 of 1991 on the file of the Subordinate Court, Coimbatore, confirming the judgment and decree dated 31.8.1990 made in O.S.No.923 of 1985 on the file of the District Munsif Court, Coimbatore, the first defendant has come forward with this second appeal.

2. The averments made in the plaint are as follows:

The plaintiff purchased the property from the first defendant for a sum of Rs.5000 by a sale deed dated 16.9.1975. From the date of purchase, the plaintiff was in possesssion and enjoyment of the property by letting out the premises to the tenants and he has also been paying the house tax to the Corporation of Coimbatore. The property is situated just adjacent to the east of Thadagam Main Road. The first defendant was owning an extent of 10 cents, out of which he sold the eastern half of 5 cents to the plaintiff, for which, the first defendant had provided 3 feet pathway along the Northern side of the property. This pathway, which has been marked as "A, B, C, D" in the plan, is the only access to the plaintiff’s property and the encroached portion has been marked as "A.E,F,G". On the North of the suit p

Click Here to Read the rest of this document