THANGAM Vs. ARIYANATCHI

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The purchaser from the second allottee is the plaintiff in the suit. The plaintiff has filed O.S.No.95 of 2009 before the Additional District Munsif, Karaikudi for the relief of declaration of title and permanent injunction as against the legal heirs of the original allottee and the Housing Society.

(3.) The main contention of the plaintiff is that the sale deed in favour of Muthu Karuppan had been cancelled on 28/11/1994 due to non construction of building within a period of 2 years. The said order was passed after following the due process of law. Thereafter, a fresh sale deed was issued in favour of one A.V.Thiyagarajan on 11/1/1995 who has executed a sale deed in favour of the plaintiff on 9/12/2004. Hence, the plaintiff claimed title to the suit schedule property and sought for permanent injunction.