N.CHANDRA SEKAR Vs. O.VARADAIAH

JUDGEMENT

(1.) THIS appeal arises out of the order in A.No.531 of 2012 in C.S.No.136 of 2008 in and by which the learned single Judge allowed the amendment application to amend the plaint by including the prayer seeking for declaration that the suit property belongs to the Plaintiff. 1st Defendant is the Appellant. For convenience, the parties are referred as per their array in the suit.

(2.) PLAINTIFF purchased the suit schedule property measuring an extent of 1254 sq. ft. in Plot No.16-A and 2272 sq. ft. in Plot No.17 in all aggregating 3526 sq. ft. together with building to an extent of 300 sq. ft. (R.S.No.107/6, T.S.No.10/1 in Block No.12) in Balammal street, Arumbakkam, Chennai-106 under sale deed dated 16.8.2007. Case of Plaintiff is that the suit schedule property is assessed to property tax and that he is in possession and enjoyment of the suit property. Plaintiff also obtained patta in his name. Alleging that the Defendants are trying to encroach upon the suit schedule property, Plaintiff filed the suit C.S.No.136 of 2008 seeking for Permanent Injunction restraining the Defendants from in any manner interfering with the possession and enjoyment of the property.

(3.) ON application filed by the Plaintiff in A.No.3763 of 2009, an Advocate-Commissioner was appointed. In August 2011, the Advocate-Commissioner has filed his report together with the report from the Taluk Surveyor stating that the property purchased by the 1st Defendant in Document No.5550 of 1981 dated 14.10.1981 and the property purchased by the Plaintiff in Document No.2981 of 2007 dated 16.8.2007 are one and the same property.