M KARUNANITHI Vs. R MAHALINGAM

JUDGEMENT

(1.) The Plaintiff, who lost his case in entirety before the trial Court, but was partly successful in the lower appellate Court, has come forward with the present Second Appeal in respect of the disallowed portion of his claim.

(2.) An extent of 1.18 acres comprised in R.S. No. 148/1 in Pudukkudi, Vadapathi Vattam, Thanjavur District within defined boundaries is shown to be the suit property. The Appellant/ Plaintiff claiming to have become the owner of the entire suit property and that the entire suit property was in his possession and enjoyment in which the Respondent/Defendant was trying to interfere, filed the Original Suit O.S. No. 184 of 2002 on the file of the District Munsif, Thanjavur for a bare injunction against the Respondent.

(3.) According to the case of the Appellant/ Plaintiff, the suit property originally belonged to one Rathinasamy and after him it devolved upon his legal heirs Ramadoss and Selvaraj and thereafter in an oral partition the entire suit property was allotted to Selvaraj. It is the further case of the Appellant /Plaintiff that after the death of Selvaraj, his wife Jeyalakshmi, for herself and on behalf of her minor son Selvamani, executed an unregistered sale deed conveying the entire suit property in favour of one Palanisamy @ Palani on 07.02.2001, and the said Palanisamy @ Palani, in turn, executed a sale deed dated 19.07.2001 in favour of the Appellant/ Plaintiff conveying the entire suit property to him and that from the said date, the Plaintiff was in possession and enjoyment of the suit property and the Respondent/Defendant tried to interfere with the same at the instigation of one Ramakrishnan.