A. SUBRAMANIAN AND ANOTHER Vs. R. PANNERSELVAM

JUDGEMENT

(1.) This appeal has been filed by the defendants in the civil suit challenging the judgment dated 28.04.2009 of Madras High Court in Second Appeal No.39 of 2009 by which judgment the High Court had allowed the second appeal of the plaintiff setting aside the judgment of the First Appellate Court dated 26.11.2008 in A.S. No.172 of 2005 and restoring the judgment dated 06.02.2004 in O.S.No. 188 of 2002 of the trial court decreeing the suit.

(2.) Parties shall be referred to as referred in the Original Suit. Brief facts of the case giving rise to this appeal are:

(3.) The plaintiff claimed to have purchased the suit property by registered deed on 16.07.2001 for a valid consideration from the descendants of Dhasi Naidu. The plaintiff's further case was that the first defendant was formerly military serviceman, and the second defendant who was son-in-law of the first defendant, working as constable in police department, attempted to disturb the plaintiff's peaceful possession and enjoyment over the suit property. Hence, the suit was filed. The documents filed along with the plaint were power of attorney executed by legal heirs of Dhasi Naidu dated 22.05.2001, sale deed dated 16.07.2001 and sale deed dated 14.03.1946 in favour of Dhasi Naidu and house tax receipt dated 27.02.2001.