MARIAPPAN ALIAS MUTHAN Vs. V SELVAN

JUDGEMENT

(1.) Aggrieved over the judgment of the II Additional Subordinate Judge, Coimbatore, made in A.S.No.45/92, wherein the judgment of dismissal by the trial Court was reversed and a decree was granted by the first appellate forum, the first defendant has brought forth this appeal.

(2.) The plaintiff proceeded to obtain the relief of permanent injunction with the following pleadings: The plaintiff was entitled to 1.67 acres in Survey No.361/2, as per the settlement deed dated 31.10.1984, executed by his grandmother Muthakkal. She purchased the property by a sale deed dated 10.11.1941 and was in possession and enjoyment of the same. After the settlement deed was executed by her, the plaintiff was in possession and enjoyment of the property. The patta was transferred in the name of the plaintiff. The defendants have no connection to the suit property. Claiming title over the suit property, the defendants were attempting to interfere with the plaintiff's possession and enjoyment of the property, and hence, there arose a necessity for the plaintiff to file the suit.

(3.) The suit was resisted by the defendants stating that originally the lands in Survey No.215/2 belonged to one Vaidhyam Chinnayya Chetty; that he had five sons; that one of the sons namely Ayyasamy died leaving his three sons; that there was a partition among the members on 13.2.1921; that under the partition, the lands measuring 1.67 acres in Survey No.361/2 were allotted to one Mallaiah Chetty, while 1.70 acres of land in Survey No.215/2 were allotted to Chandaiah Chetty; that Mallaiah Chetty was given possession in respect of Survey No.215/2, and Chandaiah Chetty was given possession as regards Survey No.361 /2l; that the said partition deed was not rectified in that regard; that Survey No.361/2 was situated on the east of Survey No.361/1, which belonged to Nanjappa Chetty; that on the death of Chandaiah Chetty, his sons were enjoying the property; that they sold sth share to the first defendant's mother on 11.6.1963 by a registered sale deed; that thereafter, the grandson of Chandaiah Chetty namely Chinnaian sold his ,th share in favour of the mother of the first defendant; that after her, the first defendant was entitled to the property; that only the property in Survey No.215/2 was sold to Muthakkal; that pursuant to the partition on 16.2.67, Survey No.215/2 was allotted to the plaintiff's father; that in that partition deed, Survey No.361/2 was not shown; that the plaintiff's father sold the property in Survey No.215 /2 to one Marakkal; that on coming to know about this, the mistake that has crept in while mentioning the survey number in the sale document in favour of the first defendant's mother, was rectified; that thereafter only, the plaintiff managed to get a settlement deed from his grandmother; that the survey number was wrongly mentioned in the adangal and chitta; that the plaintiff's family was allotted only Survey No.215/2 and not Survey No.361/2; that the plaintiff is not entitled to the relief of permanent injunction, and hence, his claim was to be rejected.