ANDISAMY CHETTIAR Vs. SUBBURAJ CHETTIAR

JUDGEMENT

(1.) This appeal is directed against order dated 07.11.2014, passed by the High Court of Judicature at Madras, Bench Madurai, in Civil Revision Petition (PD) (MD) No. 1787 of 2008 whereby the revision was allowed, and order dated 12.03.2008 passed by Subordinate Judge, Virudhunagar, on I.A. No. 3 of 2008 (in A.S. No. 55 of 2007), is set aside.

(2.) We have heard learned counsel for the parties and perused the papers on record.

(3.) Succinctly stated, facts of this case are that the appellant/plaintiff instituted Original Suit No. 92 of 2003 before District Munsif, Virudhunagar, for permanent injunction restraining the defendant from interfering in his peaceful possession and enjoyment of the property in suit. It is pleaded in the plaint that originally the property in dispute was owned by one Gopalsamy Pillai. On 21.08.1963 Gopalsamy Pillai transferred the property by executing a sale deed in favour of one Lakshmiammal. Lakshmiammal further transferred the property to Gurusamy Naicker through deed dated 26.12.1968. Plaintiff's father Ayyappan Chettiar purchased the property from Gurusamy Naicker, and constructed his house. It is further pleaded that Ayyappan Chettiar executed Will dated 13.12.1990 in favour of the plaintiff, and after death of his father in 1997, the plaintiff is in exclusive possession of the property. Alleging that the defendant has no right over the disputed property, relief of permanent injunction against him is sought in the suit.