PERIYASAMY Vs. RAMALINGAM

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 6.9.2005, made in A.S.No.89 of 2004, on the file of the Principal Subordinate Court, Virudhachalam, confirming the judgment and decree of the District Munsif Court cum Judicial Magistrate Court, Titagudi, dated 20.7.2004, made in O.S.No.147 of 1996.

(2.) THE plaintiff in the suit, in O.S.No.147 of 1996, is the appellant herein and the defendants in the said suit are the respondents in the present second appeal. THE suit had been filed by the plaintiff for the declaration of title and for permanent injunction restraining the defendants and their men from entering the suit property, and as an alternative relief the plaintiff had sought for the relief of recovery of possession of the suit property from the defendants and their men, in case they had entered the said property and for mesne profits and for costs.

(3.) IT is the case of the defendants that out of the 23 cents and 16 cents of land on the eastern side, together with some other property, had been sold by Muthusamy Padayatchi and his brothers to one Arimuthu Padayatchi, under a sale deed, dated 31.5.1932. Five cents, out of seven cents of land, had been sold by Muthusamy, Rengasamy, Manickam and his son Kaliyaperumal, to and in favour of Thangavel Padayatchi. The remaining two cents are under the possession and enjoyment of one of the brothers of Muthusamy, namely, Samikannu Padayatchi. After the life time of Samikannu Padayatchi, the two cents of land was inherited by his wife, Govindammal, and his daughter Chellammal. They had sold the said land to one Marimuthu Padayatchi, brother of the second defendant, under a sale deed, dated 29.4.1959. Thus, the entire extent of 23 cents of land had been sold by Muthusamy and his brothers.