DURAIRAJ Vs. SHANMUGHAM AND ANR.

JUDGEMENT

(1.) THIS appeal is preferred against a cryptic order of remand made by the District Judge, Pudukottai in A.S. No. 28 of 1979 directing the trial Court to dispose of the suit afresh after giving opportunity to the plaintiff to amend the plaint suitably for the relief of declaration of title and "giving opportunities to the defendant to put forth his evidence."

(2.) THE plaintiff, who is the appellant herein, filed a suit for permanent injunction claiming that he had purchased the property from one Ramaswamy Chettiar on 24th December, 1973, under a registered sale deed, and he has been in possession thereof by paying kist. Defendants, who are brothers, are having lands south of the suit property and since they started obstructing the plaintiff from ploughing the land, he has filed the suit for the relief of permanent injunction.

(3.) DEFENDANTS claim that the sale deed dated 24th December, 1973 is a concocted document and there has been no valid sub -division of the property. The cause of action is an imaginary one and they never obstructed the plaintiff, as alleged in the plaint.