P. PANNEERSELVAM Vs. M. GOVINDASAMY

JUDGEMENT

(1.) Aggrieved over the reversal finding of the First Appellate Court decreeing the suit for declaration in respect of Exs.A3 to A6 and granting permanent injunction in respect of the entire suit property, the present appeal came to be filed. Cross objection is filed against the declaratory relief of the First Appellate Court in respect of Ex.A2.

(2.) For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

(3.) The brief facts, leading to the filing of this Appeal Suit, are as follows:- The suit property originally belonged to Rama Pillai and Solai Pillai and their legal heirs. The plaintiff's father purchased a portion of the suit property under Ex.A2, 20.08.1933 and Ex.A3 dated 19.09.1934. Thereafter, the remaining areas were purchased by the plaintiff under Exs.A4 to A6. Ever since the date of purchase, the plaintiff's father and the plaintiff was in continuous possession of the property. The plaintiff has obtained electrical connection for the agriculture purpose. Patta was also changed in his name. When the matter stood thus, the defendants 1, 3 and 5, who have no right to create encumbrance over the property, had tried to create certain documents in the year 2000. Hence, the suit.