NARASIMHA PILLAI Vs. SHANMUGAM

JUDGEMENT

(1.) THIS second appeal has been brought forth challenging the judgment of the learned Subordinate Judge, Ranipet made in A. S. NO. 56 of 2004 affirming the judgment of the learned District Munsif cum Judicial Magistrate, No. 1, wallajah in O. S. No. 87 of 1997 filed by the respondent herein seeking a relief of permanent injunction.

(2.) THE respondent/plaintiff came with a case stating that the suit property was purchased by way of a registered sale deed dated 22. 3. 1995 for a consideration of Rs. 10,000/- from one Murali and from that time, he became entitled to the property and the property tax has been paid thereafter, all along the period to the Municipality. Defendants 1 and 2 were brothers and defendants 3 and 4 were the sons of the second defendant. THEy were making an attempt to interfere in the enjoyment of the property without any iota of right. Under the circumstances, there arose a necessity to file a suit for permanent injunction.

(3.) WHAT were all contended by the defendants before the courts below and equally here also is that they have been in continuous possession of the property for nearly about four decades and they have been paying tax also. In order to proof the fact, they filed Exs. B3 to B9. The trial court has properly scrutinized the documents, which according to the defendants, are tax receipts and found that those documents could not be relied by a court of law and thus rejected the entire evidence. The courts below have also believed the case of the plaintiff since the property in question was purchased by the plaintiff under Ex. A1 sale deed dated 22. 3. 1995. Subsequently, in order to prove his possession, documentary evidence was also adduced and thus the trial court granted the relief of injunction, which was also rightly confirmed by the first Appellate Court.