K. RAJU Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) HEARD both sides.

(2.) ACCORDING to the Petitioner, he purchased a vacant site measuring to an extent of 1843 ¼ sq.ft out of a total extent of 33649 sq.ft in Old T.S.No. 1721, Dindigul Town within specific boundaries from Arockiasamy by means of a registered sale deed, dated 19.2.1982 for a valuable consideration. Subsequent to his purchase, when he commenced construction in the vacant site, his vendor's daughter Arulmary and her husband George Rajan disputed his title and interfered with his possession and enjoyment of the said property, resulting in filing of a suit in O.S.No. 92 of 1986 on the file of the Subordinate Court, Dindigul seeking the relief of declaration and for consequential permanent injunction against the said persons.

(3.) BEING dissatisfied with the decree and judgement passed in A.S.No. 41 of 1989, the Petitioner filed S.A.No. 169 of 1991 on the file of this Court and this Court through Judgement and decree dated 30.10.2002 allowed the Second Appeal thereby restoring the judgement and decree passed in O.S.No. 92 of 1986. During the pendency of the Second Appeal, the Second Defendant had died and his legal representatives were brought on record as R3 to R11.In short, the judgement and decree delivered in S.A.No. 169 of 1991 had attained its finality in the subject -matter in issue.