SIVAKUMARAN Vs. SUBRAMANI GOUNDER

JUDGEMENT

(1.) THE plaintiff, who lost in both the Courts below is the appellant.

(2.) THE plaintiff/appellant filed a suit for declaration that the suit 2nd item of the property, having an extent of 40 cents belongs to the plaintiff's joint family and for recovery of possession and for mesne profit.

(3.) IT is his further case that the defendant purchased an extent of 1.89 acres from Dharmaraja Iyer and that property is situate east of the property, which was sold by Dharmaraja Iyer to the plaintiff and the sale deed was dated 24.05.1962 and ever since the date of sale, the defendant is in enjoyment of 1.50 acres of property, which is situate east of the plaintiff's property and he also purchased further extent of 42 cents from the western owner Vedhaya Gounder under document, dated 4.10.1966 and therefore, he is enjoying the property which he has purchased and the properties were enjoyed within the specific boundaries and taking into consideration of the possession of the defendant, patta was granted in favour of the defendant and therefore, the plaintiff is not entitled to the relief as prayed for.