PERUMAL Vs. RAJAMANICKAM

JUDGEMENT

(1.) Perumal, the defendant is the appellant herein.

(2.) The respondents filed a suit for declaration of title and for permanent injunction in respect of suit property. After trial, the learned District Munsif dismissed the suit. Aggrieved by the same, the respondents filed an appeal before the District Judge, Trichy. After hearing both the parties, the learned District Judge had reversed the judgment of the Trial Court and decreed the suit. Aggrieved by the same, the appellant has come forward with this Second Appeal.

(3.) According to the plaintiffs/respondents, they are brothers and the suit property was originally belonged to Irulayee Ammal, their grandmother. On 25.7.1975, the said Irulayee Ammal settled the suit property measuring about 24 cents in favour of the plaintiffs/respondents by way of a gift deed. From then onwards, the suit property has been in possession and enjoyment of the plaintiffs. On 5.5.1976, Iyyamperumal, the junior paternal uncle of the plaintiffs obtained another gift deed in respect of 12 cents out of the 24 cents by making mis-representation. On the basis of that, there was disturbance to the possession and enjoyment of the property. The said Iyyamperumal sent a lawyer's notice on 18.05.1976 to the plaintiffs. Reply notice also was sent. Thereafter, on 11.9.1981, the said Iyyamperumal sold the said 12 cents to the defendant. On the strength of the said sale deed, the defendant is trying to get possession of the suit property from the plaintiffs. Hence the suit for declaration and injunction.