SATHIYAMOORTHY Vs. GOPAL GOUNDER

JUDGEMENT

(1.) The suit in O.S.No.348 of 1993 filed by the plaintiff for permanent injunction was dismissed by the trial court, which was reversed by the First Appellate Court on appeal. Hence, the defendants in O.S.No.348 of 1993 have come forward with this appeal.

(2.) For the sake of convenience, the parties are referred to as per their litigative status in the suit.

(3.) The case of the plaintiff is that the suit property originally belonged to one Periyasamy Pillai, who sold it under a registered sale deed dtd. 10/1/1916 to Narayanasamy Pillai. The said Narayanasamy Pillai had four daughters namely Muthulakshmi Ammal, Paunambal, Meenambal and Govindammal. One of the daughters namely Govindammal died even while her father Narayanasamy was alive. Subsequently, after the death of Narayanasamy, his three daughters namely Muthulakshmi Ammal, Bownambal and Meenambal have sold the suit property to the plaintiff by virtue of sale deed dtd. 21/4/1983. As per the sale deed dtd. 21/4/1983, the property that was conveyed to the plaintiff is in survey No.63/9. As per the plaint schedule the property of the plaintiff is situated at Northern side of Mariyamman Kovil, Western side Bajanai Kovil Street, Southern and Eastern side of the Ramalingam property in survey No.63/9. While so, the plaintiff came to know that the first defendant purchased 1/4th share in the suit property from Pachaiammal, daughter of Govindammal. The second defendant is the mother of the first defendant. On the basis of such purchase, the first defendant with an intention to grab the 3/4th share of the property purchased by the plaintiff, attempted to interfere with the same. According to the plaintiff, the defendants, on the basis of the re-survey conducted by the Survey Department, are asserting a right, title and interest over the suit property and thereby created a cloud over the title of the suit property in favour of the plaintiff. Therefore, the plaintiff has filed the suit for permanent injunction to restrain the defendants, their men, servants, agents or any one claiming through them from in any manner interfering with his possession and enjoyment of the suit property. Alternatively, in the event of the Court recognizing 1/4th right of the defendants, then the Court shall pass a preliminary decree to survey and settle 3/4 share of the suit property in favour of the plaintiff.