CHELLAPPAN Vs. MUNCHIRAI AGRICULTURAL CO

JUDGEMENT

(1.) This Second Appeal has been filed against the judgement and decree of the lower Appellate Court dated 09.01.2017 passed in A.S.No.11 of 2014 on the file of the Subordinate Judge, Kuzhithurai, confirming the judgment and decree of the Trial Court dated 01.10.2013 passed in O.S.No.56 of 2006 on the file of the II Additional District Munsif Court, Kuzhithurai.

(2.) The plaintiff in the suit in O.S.No.56 of 2006 on the file of the II Additional District Munsif Court, Kuzhithurai is the appellant in this second appeal. The plaintiff filed a suit in O.S.No.56 of 2006 for declaration that the debt in Loan No.NFS2491 is void, invalid, and permanent injunction restraining the defendant from proceeding into the suit property.

(3.) The case of the plaintiff is that he is the absolute owner in possession and enjoyment of the property comprised in Old Survey No.3396 of Killiyoor Village which is resurveyed as R.S.No.231/8 of Pallor Village. The suit property is a land measuring an extent of 9 cents 75.7 sq.links, and a building bearing Door No.5-158 of Mullankinavillai Village. It is admitted by the plaintiff that the suit property belonged to one Rayappan and that after his death, the suit property was partitioned in a partition deed dated 101982 among the three sons of Rayappan and the property described as 'A' schedule including the suit property was allotted to one of the sons, Yesumarian. It is the further case of plaintiff that by virtue of the sale deed dated 16.06.1986, Yesumarian, son of Rayappan purchased the suit property from his brother and brother's wife who had obtained a sale from Yesumarian earlier. It is also admitted that the suit property was pledged by the said Yesumarian in favour of Colachel housing society for getting a loan. It is stated in the plaint that the document of title in respect of suit property was deposited with the said housing society. It is stated that this housing loan was closed. It is stated that the then Secretary of the defendant society fraudulently created a loan agreement and and issued a loan to the said Yesumarian. It is stated further that the said Yesumarian settled the loan by paying the money to the then Secretary of defendant and that the Secretary had released all the original title deeds to the said Yesumarian. It is the specific case of the plaintiff that though no amount is due to the defendant, the defendant is claiming some right over the suit property. The plaintiff's further case is that he had entered into an agreement of sale with the original owner by name Yesumarian and filed a suit in O.S.No.49 of 2004 on the file of Subordinate Court for specific performance of the agreement. After getting a decree in the suit on 28.09.2004 he got a sale deed in execution of the decree for specific performance in E.P.No.8 of 2005 before the Subordinate Court, Kuzhithurai. Stating that the defendant has no right after settlement of accounts and releasing the original documents of title deeds, it is contented by the plaintiff that the defendant has no right to collect any amount from the plaintiff and to proceed against the suit property. Since the plaintiff was orally threatened by the defendant, it is stated that the plaintiff was constrained to file the suit.