V.C. CHINNASAMY Vs. PALANISAMY

JUDGEMENT

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

(2.) The plaintiff sought for a permanent injunction restraining the respondents/defendants from interfering with his possession of an extent of 2 acres 60 cents of land in Survey No. 239 of Erode village and taluk. The description in the plaint reads as follows:

(3.) The suit was resisted by the defendants contending that the predecessor in interest of the defendants purchased an extent of 2 acres 60 cents on the Southern side in Survey No. 239, under a Sale Deed dated 01.10.1915 and at a partition that took place on 25.04.1918, the western 1 acre 30 cents of the Southern 2 acres 60 cents in Survey No. 239 was allotted to Sengoda Gounder, the great grandfather of the defendants 4 to 6. The Eastern 1 acre 30 cents was allotted to Muthu Gounder, who is the father of D1 and grandfather D2 and D3. The defendants would further plead that an extent of 1 acre 60 cents out of the total extent of 2 acres 60 cents on the Southern side was acquired by the Government for the Lower Bhavani Canal Project. Out of the remaining 1 acre, 31 cents is situate on the North of the Canal and 69 cents is situate on the South of the Canal.