GOVINDARAJU Vs. MARIAMAN

JUDGEMENT

(1.) This appeal by special leave is preferred by the original defendant-appellant herein, against the judgment and decree of the High Court of Madras granting declaration and permanent injunction to the original plaintiff-respondent herein, with respect to the suit property setting aside the judgment and decree of the Trial Court as well as of the First Appellate Court wherein aforesaid relief was denied to the respondent.

(2.) Facts : Appellant claims to be the purchaser of suit property from descendants of Muthuswamy Moopanar, brother of Veeramuthu Moopanar and the respondent claims to be the purchaser of the same property from descendants of Veeramuthu Moopanar.

(3.) Respondent filed a suit for declaration of title and permanent injunction restraining the appellant from disturbing his possession and causing any inconvenience in the peaceful enjoyment of the suit property. In the plaint it was averred that the suit property belonged to one Veeramuthu Moopanar. He had two daughters viz. Sivamalai Ammal and Thayarammal. Veeramuthu Moopanar sold his entire property to his two daughters through a sale deed dated 1-7-1940 for Rs. 300/-. Veeramuthu Moopanar died and soon after his widowed daughter Sivamalai Ammal also died issueless. Property of Sivamalai Ammal came to the share of Thayarammal. Thayarammal was married to one Sengamalai Moopanar as his second wife. Sengamalai Moopanar died in the year 1973 and in 1976 Thayarammal also died issueless. Ganapathy Moopanar, son of the first wife of Sengamalai Moopanar, succeeded to the estate of Thayarammal by virtue of Section 15(1)(b) of the Hindu Succession Act, 1955 (for short the Act) being heir of her husband. Ganapathy Moopanar sold the property to the respondent temple on 25-5-1980. That appellant was obstructing and interfering in the peaceful enjoyment of the property by the respondent. It was prayed that the respondent be declared to be the owner being the vendee from the lawful owner and the appellant be injuncted from interfering with the possession and peaceful enjoyment of the suit property by the respondent.