T. PANEERSELVAN Vs. M. NATESA MUDALIAR

JUDGEMENT

(1.) The second Appeal is at the instance of the defendant in OS No.223 of 2012. The said suit was laid by the plaintiff seeking a declaration of his title to the suit property measuring about 86 1/2 cents in Survey No.1928/1C of Karaiyeravittakuppam Village, Cuddalore Taluk and for a consequential injunction restraining the defendant from interfering with the plaintiff's possession of the same.

(2.) The case of the plaintiff in brief is as follows:

(3.) The plaintiff would further claim that the suit property viz. the property situate in Survey No.1928/1, as per the Revenue Records measured 2 acres 71 cents, out of which, 11 cents of land in South Western corner belonged to a third party, which is now been sub divided as 1928/1B. Thus, the family of the plaintiff owned 2 acres 60 cents in Survey No.1928/1. According to the plaintiff, under the Sale Deed dtd. 5/12/1956, the plaintiff's father had sold only a portion measuring 1 acre 73 1/2 cents, out of 2 acres 60 cents in Survey No.1928/1 to the father of the defendant Thangavel Mudaliar, while drafting the said Sale Deed the boundaries of the entire extent of the property was mistakenly shown. Even though the total extent of all the three Survey Numbers was given in the said Sale Deed, according to the plaintiff, his father had sold only northern 3 acres and 73 1/2 cents retaining the remaining 86 1/2 cents on the south with him. Therefore, according to the plaintiff, the defendant is entitled to only 1 acre 73 1/2 cents in Survey No.1928/1 and the plaintiff is entitled to southern 86 1/2 cents which has now been sub divided as Survey No.1928/1C. According to the plaintiff, he is in possession of said property continuously and the defendant being a successor of the purchaser under the Sale Deed dtd. 5/12/1956 is estopped from questioning the plaintiff's title. Claiming that the defendant attempted to interfere with the plaintiff possession on 31/7/2012, the plaintiff came forward with the above suits seeking the reliefs as stated above.