MUNISAMY REDDY Vs. CHINNA APPAIAH

JUDGEMENT

(1.) THE second appeal has been filed by one Munisamy Reddy being the defendant before the court of District Munsif, Hosur in O. S. No. 90 of 1981 against the judgment and decree passed by the Sub Court, Krishnagiri in A. S. No. 18 of 1992 in and by which the Sub Court has allowed the appeal and set aside the judgment and decree of the said Munsif Court and granted decree in respect of the suit property in favour of the plaintiff Chinna Appaiah.

(2.) THE said suit was filed before the District Munsif Court, Hosur by the plaintiff Chinna Appaiah for the reliefs of declaration of title and permanent injunction against the defendant Munisamy Reddy in respect of the suit property, viz. , 19 cents on the north eastern side within a total extent of 58 cents covered by S. No. 126/3 at Pothapalli Village with the specific boundaries as described in the plaint schedule, with the following allegations.

(3.) THE suit property belongs to the plaintiff through a registered sale deed dated 4. 8. 1969 executed by Munisamappa son of Giriappa for Rs. 400/=. From the date of the said purchase, the plaintiff alone is in absolute possession and enjoyment of the suit property. The vendor of the plaintiff Munisamappa and one Venkata Ramanappa and one Petha Appaiah alias Muni Anumaiah are his brothers and their father is said Giriappa. The said Giriappa died fifty years ago and in the partition between the sons of Giriappa about 40 years ago, eastern 29 cents out of 58 cents under S. No. 126/3 came to the share of the vendor of the plaintiff Munisamappa and no share was allotted to the other two sons of Giriappa under the said survey number and instead some other properties in different survey numbers were allotted to them. The other western 29 cents out of 58 cents under S. No. 126/3 is already belonging to the plaintiff and his brothers ancestrally. The said Munisamappa sold 10 cents out of 29 cents allotted to his share in the partition to the plaintiff's brother Venkatappa in the year 1968 under Ex. B3 and the remaining 19 cents was sold by Munisamappa to the plaintiff on 4. 8. 1969 under Ex. A1. Whileso, the defendant has chosen to purchase 19-1/2 cents on 18. 1. 1981 under Ex. B1 in S. No. 126/3 from the brothers and their heirs of Munisamappa who have no manner of right or title upon the suit property and neither the defendant nor his vendors were in possession of the suit property at any time. Therefore, the plaintiff happened to file the suit for declaration and permanent injunction.