Litigants are expected to approach the court with clean hands, and fraudulent claims will not be entertained.

1. This Second appeal is focussed animadverting upon the judgment and decree dated 11th July 1989 passed in A.S.No.1 of 1989 by the Principal Subordinate Judge, Cuddalore, S.Arcot, in modifying and enlarging the scope of the decree of the Court of District Munsif, Cuddalore in O.S.No.701 of 1985 dated 28.11.1988 by allowing the cross objection preferred in A.S.No.1 of 1989 on the file of the Sub Court, Cuddalore.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. The epitome and the long and the short of the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:

(a) The plaintiff Perumal Naidu @ Srinivasalu Naidu filed the suit seeking the following reliefs:

"To pass a decree in favour of plaintiff and as against defendant declaring plaintiff's absolute title to the property set out in Sch.B hereto, and for recovery of possession of the same free from the obstruction of defendant and also for declaration of plaintiff's right to use the property set out in Sch.C below to reach the backyard of plaintiff's house and garden and for permanent injunction restraining the defendant and her men from interfering with the plaintiff's exercising such right, for costs of suit."

(extracted as such) citing the following schedule of properties:

“TAMIL”

setting out various averments in the plaint, which could succinctly and pithily be set out thus:

The 'A' scheduled property described in the plaint originally belonged to one Syed Hameed, who had two children, namely Syed Abbas and Maji, the defendant herein. Maji herein filed the earlier suit in O.S.No.157 of 1966 as against her brother Syed Abbas for partition and separate possession of her one third share in the property described in the 'A' schedule herein and other properties. 'A' scheduled property herein was described as 18th item in the said partition suit. While so, pending litigation Syed Abbas sold his 2/3rd share in the 'A' scheduled property and other properties.

(b) However, the plaintiff herein was not aware of the pendency of the partition suit in O.S.No.157 of 1966. Subsequently, the plaintiff herein came to know about the preliminary decree passed in the partition suit. Thereafter, the plaintiff herein tried to get himself impleaded, but he was not allowed to do so. In the final decree proceedings, the said Syed Abbas, the vendor of the plaintiff, was allotted 2/3rd share in such a manner that the house and the vacant site to the north of his house bearing item Nos.15 to 17 were allotted. However, the defendant could get the entire vacant site on the north of the house allotted to her share in the final decree proceedings. As such fraud was committed by the defendant as against the plaintiff's vendor.

(c)The plaintiff's vendor had no possibility of ingress and egress to the said vacant site situated to the back and north of his house. However, while purchasing the 2/3rd share of Syed Abbas by the plaintiff, as per the sale deed, the description was different and Syed Abbas was prohibited from getting allotted his 2/3rd share in commensurate with the description as found in the sale deed. The defendant with the help of her husband, encroached to an extent of 17 feet to the plaintiff's property which he purchased from Syed Abbas and that is described as 'B' scheduled property in the present plaint. The 'C' scheduled property should be kept vacant for the plaintiff to have ingress and egress to his property.

4. The defendant filed the written statement resisting the suit setting out various pleas, the warp and woof of them would run thus:

The plaintiff fully knowing well about the partition suit in O.S.No.157 of 1966, purchased the property from Syed Abbas. Even in the sale deed, the suit O.S.No.157 of 1966 is found referred to and hence, he cannot plead ignorance of it. The plaintiff who happened to be the pendente lite purchaser, cannot try to find fault with