M. DEVADOSS Vs. P. BHAGYALAKSHMI

JUDGEMENT

(1.) O.S.No.12499 of 1996 was filed by one S.Palanisamy(HUF) for a declaration that the plaintiff is the absolute owner of the land measuring two grounds 1190 sq.ft comprised in Survey No.158 Part, Thiruvanmiyur Village, Besant Nagar Extension Phase I, Plot No.24 and for a permanent injunction restraining the defendants 1 to 4, their men and agents from interfering with the plaintiff's possession and enjoyment of the suit property.

(2.) One M.Devadass was arrayed as the first defendant and his Power of Attorney Agent one Manoharan was arrayed as the second defendant and the purchasers of the property through the said Power of Attorney namely T.Velayutham and Rathi Tripurasundari were arrayed as defendants 3 and 4 and the District Registrar Madras (North) was arrayed as defendant no.5 in the said suit.

(3.) The first defendant in the above suit namely M.Devadoss, third defendant namely Velayutham and the fourth defendant namely Rathi Tripurasundari filed O.S.No.12509 of 1996 in respect of the same suit property for a permanent injunction restraining the defendants from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property. In the said suit, one Bhagyalakshmi, S.Palanisamy, the plaintiff in O.S.No.12499 of 1996 and M/s.Mahalakshmi Builders represented by S.Palanisamy were arrayed as the defendants. Since both suits related to the same property and were claiming cross titles, they were taken up for joint trial and were disposed of by a common judgment and decree dtd. 27/2/2003, decreeing the suit filed by S.Palanisamy in O.S.No.12499 of 1996 and dismissing the other suit in O.S.No.12509 of 1996. Aggrieved by the same, these Appeal Suits in A.S.Nos.79 and 80 of 2006 are laid before this Court and as such, the same are taken up for disposal by way of this common judgment. The parties are referred to as per their array in O.S.No.12499 of 1996 to avoid confusion.