A.N.S.MURUGAN Vs. M.SIVANANDA MUDALIAR

JUDGEMENT

(1.) The appellant herein is the first defendant. Aggrieved by the reversing judgment of the 1st Appellate Court, the present second appeal is filed.

(2.) The 1st respondent herein who laid the suit before the District Munsif- cum-Judicial Magistrate, Arcot, sought for perpetual injunction in respect of the suit schedule property alleging that the defendants are interfering his peaceful possession of the suit property. The plaintiff traced his title over the suit property, relying upon the sale deed dated 14.02.1965 executed in favour of Subramania Mudaliar and the settlement deed dated 12.10.1980 executed by Subramania Mudaliar in favour of the plaintiff. The defendants contested the suit on the ground that the property described in the documents relied by the plaintiff and the suit property for which injunction sought are not one and the same. The case of the defendant was that the plaintiff is enjoying his portion of the property fortified with compound wall. Whereas the land adjacent to the plaintiff compound belongs to the defendants. The well situated in that portion of the land was filled with soil and the land to an extend of 12 cents being enjoyed by the defendants based on partition deed of the year 1956 and subsequent sale deed of the year 1959.

(3.) Before the trial Court, the plaintiff and his predecessor-in-title were examined as P.W.1 and P.W.2. The sale deed dated 14.02.1965 executed by Kuppammal in favour of Subramania Mudaliar and settlement deed dated 12.10.1980 executed by Subramanian Mudaliar in favour of Sivananda Mudaliar (plaintiff) were marked as Ex.A.1 and Ex.A2. On behalf of the defendants, 1st defendant Mr.Murugan who is the appellant herein and Mr.Sundaramoorthy were examined as D.W.1 and D.W.2. In support of their case and to show the suit schedule property vest with them, the partition deed dated 26.09.1956 between Kuppammal and Subramania Mudaliar and the sale deed dated 04.12.1959 executed in favour of Navaneethaammal by Kuppammal and three others were marked as defence exhibits Ex.D1 and Ex.D2.