LAWS(MAD)-2012-3-457

K. SUBRAMANI, Vs. DEVIAMMAL AND L. DEVARAJ

Decided On March 28, 2012
K. Subramani, Appellant
V/S
Deviammal And L. Devaraj Respondents

JUDGEMENT

(1.) THE unsuccessful plaintiffs, who after filing the suit for permanent injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property, having been non -suited by the trial Court as well as first appellate Court dismissing the suit, have filed the present second appeal. Brief facts leading to the filing of the second appeal are given as under: -

(2.) THE defendants, denying the aforesaid averments, submitted that they are the owners of 2 acres in the suit survey field, as they are in possession of the same. Pleading so, they filed various supportive documents to establish their claims as follows: -

(3.) LEARNED counsel appearing for the appellants, while addressing the substantial questions of law, has submitted that the plaintiffs are the absolute owner of the suit property, because, as per Ex. A1, dated 07.05.1991, the second plaintiff had purchased an extent of 1 acre in the suit survey field. Similarly, the third plaintiff also, by virtue of another sale deed, dated 30.10.1995, had purchased an extent of 75 cents in the suit survey field. This has been supported by Ex. A3 -chitta and Ex. A4 -series of 6 receipts issued by the revenue authorities for the taxes paid by the plaintiffs and their predecessors.