C. RASU Vs. RASU THEVAR

JUDGEMENT

(1.) The plaintiff in the suit is the appellant before this Court. The suit is for declaration of title and for permanent injunction, with an alternative prayer for possession and for mandatory injunction.

(2.) The suit was dismissed by the trial Court. Aggrieved by the same, the appellant preferred a first appeal in A.S.No.136 of 2008 before the First Appellate Court. The First Appellate Court concurred with the findings of the trial Court and dismissed the appeal. Hence the appellant is before this Court.

(3.) According to the appellant/Plaintiff, the suit property originally belongs to his father Chinnasamy and after his death, in the year 1985, the appellant succeeded the suit property. It was also averred that the revenue documents stand in the name of appellant and during the month of January 2004, when the appellant obtained an Encumbrance Certificate in respect of the suit property, it came to his knowledge that respondents 1 to 4/Defendants 1 to 4 created some encunbrance over the suit property, so as to defeat the title and right of the appellant over the suit property.Therefore, the appellant was constrained to file a suit for the relief as mentioned above.