RENGANATHAN Vs. LOGANATHAN

JUDGEMENT

(1.) The defendant is the appellant in this appeal. One Meena filed a suit before the District Munsif Court, Jayankondam, seeking for the relief of permanent injunction against the defendant. The specific case of the plaintiff is that she became the owner of the property by virtue of a registered Sale Deed dtd. 23/8/1977. The further case of the plaintiff is that she is entitled for an extent of 20 cents and that the defendant was attempting to interfere with the possession and enjoyment of the property without any right or title. As a result, the present suit was filed seeking for the relief of permanent injunction.

(2.) The case of the defendant is that the predecessor in title of the plaintiff had purchased only 10 cents on the Southern side of the suit property under Ex.B-8. In this document, while describing the boundaries, it is stated that it is situated South of Ayyaru Konar land. The further case of the defendant is that they had purchased the property on the Northern side under Ex.B-1 on 15/12/1980 from the grand children of Ayyaru Konar. Since there was some mistake in mentioning the survey number, a rectification deed was also executed under Ex.B-2. The further case of the defendant is that the plaintiff has not proved the right or title over an extent of 20 cents of land and there was a direct challenge to the title of the plaintiff. In spite of the same, the plaintiff had not chosen to seek for the relief of declaration of title and hence the bare injunction suit is unsustainable in law.

(3.) Both the Courts below agreed with the case of the plaintiff and decreed the suit. Aggrieved by the same, the present Second Appeal has been filed before this Court.