JUDGEMENT

The defendant is the appellant before this Court challenging the concurrent Judgement and Decree passed against him. The facts are set out herein below and the parties are referred to in the same litigative status as before the Trial Court.

Relief Claimed:

2. The plaintiff had filed the suit for mandatory injunction directing the defendant to remove the wall and handover possession to the plaintiff and for a permanent injunction restraining them from interfering with the plaintiff's possession and enjoyment of the suit schedule property. The suit schedule property was described as an extent of approximately 38 feet East - West and 5 feet North – South marked as P1 in the plan and forming a part of Door No.484.

Plaintiff's Case:

3. It is the case of the plaintiff that the suit schedule property which is a residential house measuring an extent of 1032 ½ sq.ft., in Sarkarpalayam Village, Namakkal fell to her share under a partition deed dated 21.07.2008 and also under a release deed dated 16.11.2011 executed by her father, Arumugam and her siblings, Anandhan, Pappathy and Thamizharasi.

4. The plaintiff would submit that she is in enjoyment of the residential house and a vacant sit