SUNDRAMBAL Vs. PANEERSELVAM

JUDGEMENT

(1.) These two Second Appeals arise out of two suits filed for declaration of possessory title and consequential relief of injunction. O.S.No.356 of 2004 was filed by one R.Mani and Vijayalakshmi against one Paneerselvam. Similarly, O.S.No.400 of 2004 was filed by the following persons, Sundarambal, Thillai Karasi, Pachayappan and Shiek Mehaboob Basha against Paneerselvam and Jambulingam.

(2.) The case of the plaintiffs in both the suits is that the properties in which they are in occupation are classified as 'Agazhi Poramboke'. They would state that they are paying 'B' memo to the Government. Since the defendants, who are residents of an adjacent property, are trying to interfere with their possession they come forward with the above suits for declaration of possessory title and consequential relief of injunction.

(3.) The defendants on service of summons entered appearance and stated that the suit schedule mentioned property has been wrongly mentioned as 271/3, which is 'Agazhi Poramboke', but the suit property actually situated in 271/4C which is a patta land. They would state that the property originally belongs to one Muthu Krishna Mudaliar, who purchased the property on 4/2/1925. On his death, the properties were came to the hands of his legal heirs, who are the defendants. They state that the plaintiffs are none other than the persons who have purchased the properties by way of un-registered sale deeds from the tenants of Muthu Krishna Mudaliar and his successors in interest and therefore cannot claim any relief against the defendants.