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MADRAS HIGH COURT
Honourable Mr Justice S.S. SUNDAR
INSTINE – Appellant
Versus
RAJ – Respondent


JUDGMENT

The defendant in the suit in O.S.No.64 of 2008 on the file of the District Munsif Court, Sathankulam, is the appellant in this appeal.

2.The respondent in this appeal, as plaintiff, filed the suit in O.S.No.64 of 2008 before the District Munsif Court, Sathankulam, for permanent injunction restraining the defendant/appellant from interfering with his peaceful possession and enjoyment of the suit property.

3.The case of the plaintiff, as pleaded in the plaint, is as follows:

3.1.The suit property was allotted to the brother of defendant in a partition among the first defendant and his brothers. The property allotted to the brother of the defendant, by name, Alagesan was sold by him to the plaintiff on 13.10.2000. On the date of sale, the plaintiff was put in possession and he is in possession and enjoyment of the suit property. On the western side of the suit property, the defendant's house is located. With an intention to encroach into the suit property, the defendant has made an attempt to construct a compound wall unauthorizedly on

24.08.2008. The defendant's attempt was thwarted on that day. However, the defendant is interfering with plaintiff's enjoyment by denying the righ

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