LAWS(MAD)-2014-8-37

VARADHARAJA PERUMAL Vs. K. PICHAI THEVAR

Decided On August 07, 2014
Varadharaja Perumal Appellant
V/S
K. Pichai Thevar Respondents

JUDGEMENT

(1.) THIS second appeal has been directed against the concurrent Judgments and decrees passed in Original Suit No. 528 of 2000 by the Second Additional District Munsif Court, Dindigul and in Appeal Suit No. 56 of 2003 by the Principal Sub Court, Dindigul.

(2.) THE appellant herein as plaintiff has instituted Original Suit No. 528 of 2000 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein the present respondent has been shown as sole defendant.

(3.) IN the written statement filed on the side of the defendant, it is averred that suit Survey No. 542/4 measuring 0.52 cents of land is originally belonged to Kevudu Gounder and out of 0.52 cents, he has sold 0.13 cents of land to his son -in -law by name Thonna Gouder. It is false to aver that after his demise his third wife Kamakkal and her children have had enjoyed the remaining portion of land. It is also equally false to say that the plaintiff has purchased the suit property by virtue of sale deed dated 13.10.1999. The defendant has purchased 0.52 cents of land from the children born through first and second wives of Kevudu Gounder by virtue of sale deed dated 21.07.2000 and since then he is in possession and enjoyment of the same. There is no merit in the suit and the same deserves to be dismissed.