PONNUSAMY Vs. GOVINDAN

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal.

(2.) The case of the plaintiff is that the suit property belonged to the 2nd defendant. The 1st defendant is the husband of the 2nd defendant. According to the plaintiff, the defendants entered into a registered agreement of sale with the plaintiff dtd. 1/8/2001 (Ex.A1). As per the agreement, the total consideration was fixed as Rs.45,000.00 and the defendants received an advance amount of Rs.35,000.00 and the balance Rs.10,000.00 has to be paid within a period of 23 months and the Sale Deed must be executed in favour of the plaintiff. Subsequently, the plaintiff paid the balance amount of Rs.10,000.00 and a registered Sale Deed 18/7/2003 (Ex.A2) was executed in favour of the plaintiff. It is further claimed that the possession was handed over and the revenue records were also transferred in the name of the plaintiff and the plaintiff was in possession and enjoyment of the suit property as the absolute owner of the property.

(3.) The grievance of the plaintiff is that the defendants started interfering with the possession and enjoyment of the property and hence, the plaintiff filed the suit seeking for the relief of declaration of title and for permanent injunction restraining the defendants from interfering with the possession and enjoyment of the suit property.