FAMILY MANAGER RAMASWAMY GOUNDER Vs. CHINNASAMY GOUNER

JUDGEMENT

(1.) The plaintiff is the appellant herein. He filed the suit for declaration of title of the suit property and for permanent injunction. The suit was decreed by the trial Court. The defendants filed an appeal challenging the same before the lower appellate Court. While partly allowing the appeal, the lower appellate Court confirmed the decree in respect of declaration of title in favour of the plaintiff, however, set aside the decree in regard to permanent injunction holding that the respondents are in possession of the property. Hence, the second appeal by the plaintiff.

(2.) The case of the plaintiff is as follows:

(3.) According to the defendants through written statement, the Court auction sale is not true and binding and the property was not taken possession by the plaintiff in pursuance of the Court auction sale and the defendants have been in continuous possession and enjoyment of the property and therefore, the suit is liable to be dismissed.