GANAPATHY PADAYACHI Vs. MOOKAN ALIAS RAMASAMY PADAYACHI

JUDGEMENT

(1.) In a suit for bare injunction, unable to get a decree before the courts below, the plaintiff has come to this Court, as appellant.

(2.) The suit property is an extent of 13 cents in Survey No.94/6. According to the plaintiff/appellant, this property belongs to him, as ancestral and he is enjoying the same continuously, for more than the statutory period. Thus claiming title, as well possession and alleging that the defendant has attempted to disturb his possession, the suit came to be filed before the District Munsif Court, Kallakurichi in O.S.No.860/82.

(3.) The defendant/respondent, who is the brother-in-law of the plaintiff, opposed the claim of the plaintiff contending that the suit property originally belonged to Nallamuthu Padayachi from whom, he and his brother had purchased under a registered sale deed dated 2.12.1950, from which date onwards, they are enjoying the same without any disturbance and therefore, the contention of the plaintiff that the suit property belongs to him ancestrally and he is in possession and enjoyment of the same are absolutely false, thereby praying for the dismissal of the suit.