G ALAGARSAMY Vs. R SEENIVASAN

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in Original Suit No.153 of 2000 by the District Munsif Court, Periyakulam and in Appeal Suit No.19 of 2005 by the Sub Court, Periyakulam are being challenged in the present Second Appeal.

(2.) The appellant herein as plaintiff has instituted Original Suit No.153 of 2000 on the file of the trial Court for the relief of perpetual injunction, wherein the present respondent has been shown as sole defendant.

(3.) In the plaint it is averred that the suit property is originally belonged to the father of the defendant by name Ramachandran Naickar and he purchased the same under a registered sale deed dated 02.02.1963. The said Ramachandran Naickar has executed a settlement deed dated 17.06.1986 in favour of his wife viz. Seeniammal and the same has come into effect. The plaintiff has purchased the suit property from the said Seeniammal under a registered sale deed dated 25.02.1999 and thus the plaintiff has become absolute owner of the suit property. In the suit property the defendant is not having any manner of right, title and interest and now the defendant has been making arrangements to disturb the peaceful possession and enjoyment of the plaintiff. Under the said circumstances, the present suit has been instituted for the relief sought for in the plaint.