V. PANNEERSELVAM Vs. KANNIYAMMAL

JUDGEMENT

(1.) The plaintiff in O.S.No. 1918 of 1993 on the file of the District Munsif Court at Tambaram is the appellant herein. The said suit was decreed by Judgment dtd. 29/4/1994. Thereafter, the defendants filed A.S.No. 58 of 1994 which came up for consideration before the Sub Court at Poonamallee. By Judgment dtd. 30/8/1995, the appeal suit was allowed. This has necessitated the plaintiff to file the present Second Appeal.

(2.) The Second Appeal along with batch of other Second Appeals had been admitted on 27/11/1997 on the following two substantial questions of law:-

(3.) The facts in brief are that the plaintiff claimed that he is the absolute owner of Plot No. 59 at Viduthalai Nagar, in S.No. 79 of Kovilambakkam Village and S.Nos. 377 part 381 part, 385 part, 386 part, 388 part, 389, 4a, 4b, 390 and 402/1 part of No. Kulathur, Madras in the layout duly approved by the Director of Town and Country Planning in L.P.D.M./D.T and C.P.No.12/75. It was claimed that the plaintiff had purchased the said plot from P.R. Udauabanu by registered sale deed bearing Document No. 2767 of 1988 dtd. 25/8/1988. The said sale deed had been produced as Ex.A-1 during the course of trial. After the purchase of the plot, patta had been obtained by the plaintiff in Patta No. 3031 from the Tahsildar, Saidapet Taluk. It was claimed that the fifth defendant, who is the fifth respondent herein, claiming to act on behalf of the first to fourth defendants / first to fourth respondents herein had attempted to interfere with possession and therefore claiming a right, title and interest over the property and consequent right to protect possession. The suit had been filed seeking necessary relief of permanent injunction.