MUTHUKRISHNA REDDIAR Vs. RAJARAM REDDIAR

JUDGEMENT

(1.) The appellant herein, as plaintiff filed the suit in O.S.No.179 of 2010, seeking for declaration to declare his title over the suit schedule property and for consequential permanent injunction restraining the defendants, their men, agents, servants from any way interfering with his peaceful possession and enjoyment over the suit schedule property and to declare the settlement deed executed in favour of the second defendant by the first defendant on 27.05.2009 as null and void.

(2.) The case of the plaintiff is that he is the absolute and exclusive owner of the suit property. He got the suit property by way of oral exchange between himself and the father of the first defendant, viz., Ramalinga Reddiar about 50 years ago. The said Ramalinga Reddiar is none other than the uncle of the plaintiff. Patta has been transferred in the name of the plaintiff under patta No.55 and he had dug a well in the suit property about 30 years ago and got electricity service connection No.89.

(3.) It is further stated that the plaintiff also prescribed right and title over the suit mentioned property and he has been enjoying the property without interruption fore more than statutory period. While so, the first defendant, who has no right and connection with the suit mentioned property, created a settlement deed in favour of the second defendant on 27.05.2009. Hence, the settlement deed is not binding upon the plaintiff. It is alleged that taking advantage of the said documents, the defendants are attempted to interfere with the peaceful possession and enjoyment over the suit schedule property on 05.07.2010. Hence, the suit.