VIJAYARANI Vs. DURAI

JUDGEMENT

(1.) The plaintiff is the appellant herein, and she has laid a suit for declaration and for bare injunction in O.S. No. 194 of 2006 before the Principal District Munsif Court, Pudukkottai. The suit came to be decreed and the decree was challenged by the defendants in A.S. No. 147 of 2008 before the Sub Court, Pudukkottai, where the plaintiff suffered a reversal and lost the suit.

(2.) The case of the plaintiff is as follows:-

(3.) The 1st defendant is one Durai @ Palaniyandi, son of Chinnathambi. He had filed the written statement, which is adopted by defendants 2 and 3. According to the 1st defendant, he had purchased the suit property under Ex.B1-sale deed, dtd. 1/8/1983 from Mayazhagu @ Gajamuganathan. Later, he had orally exchanged the property purchased under Ex.B1 with defendants 2 and 3, and claims that defendants 2 and 3 are now in possession and enjoyment of the property. He further alleged that earlier, the plaintiff along with her mother have jointly laid a suit in O.S. No. 122 of 1999 against the 1st defendant herein for bare injunction, as concerning, inter alia, the suit property. That suit came to be dismissed for default and an application was taken out by the plaintiff for restoring the suit, but that later came to be not pressed.