PRABAKAR ALIAS BABUJI Vs. SHYAMALA

JUDGEMENT

(1.) THE unsuccessful plaintiff in both the courts below is the appellant herein and he filed this Second Appeal aggrieved over the decree and judgment dated 30.09.2005 passed by the learned Principal District Judge, Chengalpattu, in A.S.No.38 of 2004, whereby the decree and judgment dated 05.03.2004 passed by the learned Subordinate Judge, Tiruvallur, in O.S.No.53 of 1994, were affirmed.

(2.) THE appellant herein filed the suit in O.S.No.53 of 1994 on the file of Sub Court, Tiruvallur, against the respondents as defendants for a declaration that the plaintiff is the absolute title holder with regard to the suit schedule mentioned properties for a permanent injunction restraining the 1st defendant and her men from interfering with the plaintiff's peaceful possession and enjoyment over the suit items and for a permanent injunction restraining the 3rd defendant from effecting transfer of patta in the name of the 1st defendant or her nominees.

(3.) THE 2nd defendant filed a written statement stating that he had entered into an agreement of sale on 30.11.1992 in respect of item 5 of the suit property and had paid the entire consideration to the late Govinda Babu, who made an endorsement to that effect and pursuant to which, possession of the said property was delivered to the 2nd defendant and he is in exclusive possession of the same. Subsequent to the Will, he filed a suit in O.S.No.274 of 1993 as against the plaintiff as well as the 1st defendant, who are the rival claimants to the property relating to the agreement and he is ready and willing to take a sale deed from the person, who establishes title before the Court.