ANNAMMAL Vs. AMMAVASAI

JUDGEMENT

(1.) This appeal is filed against the Judgment and decree dated 06.03.2003 made in A.S.No.41 of 2002 on the file of the Additional District Judge, Fast Track Court No.IV, Poonamallee, reversing the Judgment and Decree dated 14.02.2001 made in O.S.No.1842 of 1993 on the file of the District Munsif Court, Poonamallee.

(2.) The averments made in the plaint are as follows:- The plaintiffs are sisters. The plaintiffs purchased the property on 29.02.1984 from one Egavalli under the registered sale deed. From the date of purchase, they are in peaceful possession and enjoyment of the same by putting up house. Electricity service connection given to the house and the service connection number is 166:50:182 on 18.08.1989, property was assessed to tax, family card also issued. The defendants are northern boundary neighbours. The defendants have no right, title or interest in the suit property. They want to grab the property, they attempted to trespass into the suit property, which was prevented. Since they attempted interference in their possession, the plaintiffs were constrained to file the suit for injunction.

(3.) Written statement filed by the defendants is as follows:- The sale deed executed in favour of the plaintiffs by one Egavalli is no way connected with the properties possessed and enjoyed by the defendant. The said Egavalli is not a bonafide vendor to execute sale deed in favour of the plaintiffs. She never be in possession and enjoyment of the same. The plaintiffs were not in possession and enjoyment of the suit property. The documents filed by them i.e. Electricity consumption card, family card, house tax are not related to the suit property. No cause of action for filing the suit. Plaintiffs are attempting to usurp the properties in their possession through unlawful means and ways and on the basis of a fraudulent sale deed executed by one Egavalli with hand-in gloves with the plaintiffs. The defendants are living within the boundaries of the house site plot No.12 assigned by the Revenue authorities in favour of the defendants. Hence prayed for dismissal of the suit.