K.NALLASAMY Vs. CHENNIAPPAN

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing.

(2.) The suit is for declaration of title and permanent injunction. The original plaintiff Nallasamy claimed that the suit properties along with a larger extent of measuring 4.88 acres in S.F. No.110 originally belonged to Chennimalai Gounder, his paternal grandfather he having purchased the same under the Sale Deed dated 13.06.1930. It is further averred that Chennimalai Gounder died leaving behind his son Kolandasamy and daughter Arukkani. The said Arukkani released her half share in favour of her brother Kolandasamy under a released deed dated 27.02.2007, thus Kolandasamy became the owner of the entire 4 acre 88 acres.

(3.) The land in Survey No.110 measuring about 4 acres 88 cents was assigned Resurvey Nos.160/1,2 &3 and 159/2 at the time of resurvey. The said Kolandasamy, his son Nallasamy (original plaintiff) and his daughter Jayalakshmi jointly sold an extent of 2 acres 42 cents to various persons. The remaining 2 acres 46 cents continued to be in their possession. It is claimed that the Jayalakshmi daughter of Kolandasamy and Kolandasamy released their respective 1/3rd share in favour of the plaintiff Nallasamy under a registered Release Deed dated 02.05.2007 and thus, the plaintiff Nallasamy became the owner of the entire property measuring 2 acres 46 cents. On the strength of the above allegations, the plaintiffs sought for declaration of his title and permanent injunction.