Balakrishnan vs Parameshwari - 2026 Supreme(Mad) 1440

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1440

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Balakrishnan – Appellant
Versus
Parameshwari – Respondent

Advocates Appeared:
For the Appellant : Mr. S. Sadeskumar.
For the Respondent: Mrs. A. Sakthi Bavatharani for Mr. J. Bharathan.

JUDGMENT :

P.B. BALAJI, J.

The unsuccessful defendant before the trial Court as well as the Appellate Court, is the appellant in the present second appeal

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The facts that are necessary for deciding the present second appeal, briefly:

4.The case of the plaintiff:

The plaintiff is the owner of Schedule A property, he having purchased a portion of vacant site of an extent of 1312 sq.ft. from the defendant. The plaintiff has constructed RCC building to an extend of 920.4 sq.ft in schedule B of the suit property, with the remaining portion being vacant. He also constructed a half foot compound wall, which is set out in C schedule Property. The defendant however is claiming right over the vacant site left by the plaintiff in the C schedule property, despite having sold the same to the plaintiff. In March 2017, taking advantages of the plaintiff's absence, the defendant constructed a pucca building above the compound wall, belonging to the plaintiff and also planted drainage pipes in the vacant place and the defendant has constructed one storey building above the compound wall situated in C s