S SENAPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE Second Appeals are filed at the instance of the Plaintiffs in O.S. No.70/1999 and have been entertained on the following substantial questions of law: 1.1. Whether the Civil Court is precluded from deciding the question of title on the ground that the Sale Deed-Ex. A2 has been executed in favour of the Plaintiffs" contrary to the condition imposed in the grant Ex.A10" 1.2. Whether the lower Appellate Court was right in invoking Section 14 of the Land Encroachment Act, 1905 in the absence of pleading and proof"

(2.) THE above said Suit was instituted by the Appellants herein/Plaintiffs for declaration, declaring that the Plaintiffs are the absolute owners of the vacant site in the suit property and for permanent injunction restraining the Defendants from interfering with the possession and enjoyment of the suit property by the Plaintiffs and for costs.

(3.) BEFORE the Trial Court, on the side of the Plantiffs, Ex.A1 to A10 were marked and the Plaintiffs examined the 1st Plaintiff as PW.1 and one O.S. Natarajan, Kolandavel and Velusamy as PWs.2 to 4. On behalf of the Defendants. Ex.B1 to B3, Ex.C1 to C3 were marked and one Swaminathan and Manokaran were examined as DW.1 and DW.2