K. KANNIAPPAN Vs. THANA KOTTESHWARI

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. The defendant in OS No.160 of 2013, who suffered a decree for declaration and permanent injunction at the hands of the Courts below, has come up with this Second Appeal.

(2.) The plaintiff sued for declaration of her title and consequential injunction claiming that she had purchased the suit property which originally belonged to one Mani, who sold the same under a Sale Deed dated 12.03.1987 to one Sundaraj son of Veerasamy Naidu. It is her further claim that the said Sundaraj sold the property purchased by him under the Sale Deed dated 12.03.1987 to the plaintiff on 20.08.1997. The plot number of the suit property is shown as Plot No.9. Pursuant to the said purchase, the plaintiff had applied for mutation of the Revenue Records and patta has also been granted to the plaintiff under Exs.A7 and A9. According to the plaintiff, the defendant who is the owner of the adjacent plot namely Plot No.8, having purchased the same under the Sale Deed dated 11.05.2007 from one Gopiramanan, attempted to interfere with her possession necessitating the suit.

(3.) The defendant resisted the suit contending that he had purchased Plot No.8 measuring about 1200 sq.feet under a Sale Deed dated 16.05.2007. According to him, he is in possession of the property purchased by him from the date of purchase and he has not attempted to interfere with the plaintiff's possession. On the said contention, the defendant sought for dismissal of the suit.