PAULSAMY NADAR Vs. UDAYA KUMAR LINGAN

JUDGEMENT

(1.) THE judgment and decree passed in Appeal Suit No. 9 of 2006 by the Sub Court, Sankarankoil are being challenged in the present second appeal.

(2.) THE first respondent herein as plaintiff has instituted Original Suit No. 37 of 2002 on the file of the District Munsif-cwm-Judicial Magistrate Court, Sankarankoil for the reliefs of declaration, permanent injunction, mandatory injunction and also for recovery of possession of the suit second schedule, wherein the appellants in Second Appeal No. 690 of 2008 have been shown as defendants 1 to 4 and the appellants in Second Appeal No. 976 of 2008 have been shown as defendants 6 and 7.

(3.) IN the written statement filed on the side of the sixth defendant, it is averred that in the year 1996 the plaintiff has orally gifted the suit second schedule to the sixth respondent and the same has been accepted by the sixth respondent and also taken delivery of possession. As per the resolution dated 29.8.1997, a tender has been called for and one Ayyanar has become a successful bidder and he has been permitted to form road. Since the plaintiff himself has given the suit second schedule orally to the sixth defendant, the plaintiff is not entitled to get the reliefs sought for in the plaint. There is no merit in the suit and the same deserves to be dismissed.