SELLARAJ Vs. RESIDENTS OF UMA NAGAR

JUDGEMENT

(1.) THE first defendant is the appellant herein. THE first respondent/plaintiff filed the suit in a representative capacity seeking for the relief of injunction, restraining the appellant from occupying or taking over the suit property.

(2.) THE case of the first respondent/plaintiff was that the suit property originally belonged to one Mr.S.K.Subramaniam, and he developed the entire extent by applying for layout and left the suit property and other properties as a common area for the benefit of other plot owners and also handed over the common area to the second respondent under a gift deed dated 25.7.1979. THErefore, the second respondent became the owner of the suit property and the first respondent are the residents of Uma Nagar and M.D.S.Nagar, which were formed by the owners of the plot, by purchasing the plots from Mr.S.K.Subramaniam, as per the layout and the appellant claimed right over the suit property and also attempted to trespass into the suit property for constructing a Workshop. THE appellant has no right to construct the Workshop, as the suit property was earmarked for public purpose and hence, the suit was filed the relief stated above.

(3.) THE Trial Court dismissed the suit holding that the first respondent/plaintiff did not prove title to the suit property and there was no proof for surrendering the suit property and other properties by the original owner to the second respondent and the appellant purchased the suit property under Exs.B14 and B15 and when the appellant asserted title to the suit property, the suit filed by the first respondent for the relief of injunction, without a prayer for declaration is also not maintainable.