ANGAMUTHU ASARI Vs. PERIYAN

JUDGEMENT

(1.) ANGAMUTHU Asari, the plaintiff filed the suit for declaration of title and for permanent injunction in respect of the suit property against the defendant Periyan. The trial Court dismissed the suit. Aggrieved by that, the plaintiff filed an appeal before the first appellate Court, which in turn dismissed the same. Hence, this second appeal by the plaintiff/appellant having lost in both the Courts below.

(2.) THE case of the appellant/plaintiff in brief is as follows: "THE suit property originally belonged to the Government. THE Special Tahsildar assigned the suit property to one Ramasamy Pillai. THE said Ramasamy Pillai died intestate about 10 years ago leaving his four sons as his legal heirs. THE plaintiff purchased the suit property from them under the sale deed dated 20.11.1980. From then onwards, the plaintiff has been in possession and enjoyment of the suit property paying kist. THE defendant being a Sarkar Thotti in the village is attempting to trespass into the property and harvest the paddy crops raised by the plaintiff. Hence, the suit for declaration of title and permanent injunction."

(3.) IN support of the finding of both the Courts below, Mr.D.Rajagopalan, learned counsel appearing for the respondent/defendant with equal vehemence would plead that there is not illegality whatsoever in the conclusion arrived at by both the Courts below and as such, the second appeal is liable to be dismissed.