SAKKUBAI Vs. RENU

JUDGEMENT

(1.) THE unsuccessful plaintiffs in O.S.No.642 of 1992 on the file of the District Munsif Court, Gudiyatham, Vellore District, are the appellants.

(2.) THE appellants/ plaintiffs filed the suit for declaration and injunction of their suit property. The case of the appellants/ plaintiffs was that though they purchased one acre of land in Survey No.11/1 under the sale deed dated 15.4.1968, they were given possession of an extent of 1.24 acres and from the date of sale they are in possession and enjoyment of the property and patta was also issued in their favour in respect of 1.24 acres which would also prove that they are in possession of the property. As the respondents attempted to trespass into their property, the suit was filed for declaration and for injunction.

(3.) BOTH the Courts have concurrently held that as per the sale deed Ex.A2, the appellants purchased only one acre of land and no document was produced by the appellants for having purchased 1.24 acres or no evidence adduced to prove that they are in possession and enjoyment of 1.24 acres from the date of purchase. Therefore, both the Courts dismissed the suit.