KUMARAVEL Vs. RAJENDIRAN

JUDGEMENT

(1.) Challenge in this second appeal is made by the second defendant against the judgment and decree dated 07.01.2011 made in A.S. No.7 of 2010 on the file of the Sub Court, Perambalur, confirming the judgment and decree dated 17.07.2008 made in O.S. No.550 of 2004 on the file of the District Munsif Court, Perambalur.

(2.) The suit has been laid by the plaintiff for declaration and permanent injunction.

(3.) As per the evidence adduced in the matter, it is found that the suit property originally belonged to the family of the first defendant. It is the case of the plaintiff that the first defendant, during the year 1979, sold the suit property for a sum of Rs.90.00 by way of oral sale to Selvam, the mother-in-law of the plaintiff, in the presence of Nallu Gounder, Venkatasubbu Iyer and also delivered possession of the suit property to Selvam and pursuant to the same, Selvam had taken possession of the suit property and been enjoying the same, by paying necessary kists and obtaining patta and also cultivating the suit property and thus, it is stated that Selvam was the owner of the suit property. It is the further the case of the plaintiff that Selvam had alienated the suit property in favour of the plaintiff on 19.10.2000 by way of a sale deed and thus, it is contended that based upon the above said sale deed, the plaintiff acquired title to the suit property and pursuant to the same, the plaintiff has been in possession and enjoyment of the suit property by paying kist, obtaining patta, etc., and inasmuch as the defendants, without any authority, attempted to interfere with the possession and enjoyment of the plaintiff in respect of the suit property, he has been necessitated to lay the suit seeking for appropriate reliefs.