THANDAPANI Vs. KRISHNAVENI AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 972 of 2005 on the file of the learned Additional Subordinate Judge, Puducherry is the appellant herein. The respondents are the defendants in the suit. The said suit was filed for declaration of title and for recovery of possession and also for permanent injunction to restrain the defendants from enlarging the area of their occupancy in the suit property and putting up any permanent structure thereon. The trial Court by decree and judgement dated 22.08.2007, dismissed the suit. As against the same, the appellant herein filed an appeal in A.S. No. 62 of 2007 on the file of the learned Subordinate Judge, Puducherry. By judgement and decree dated 17.06.2011, the First Appellate Court dismissed the appeal thereby confirming the decree and judgement of the trial Court. Challenging the same, the appellant is before this Court with this second appeal.

(2.) THE case of the plaintiff is as follows: -

(3.) WHILE so, Mr. Munusamy sold away the suit property by means of registered sale deed dated 25.03.1999 (Ex.A.1) to the plaintiff. Thus, according to the plaintiff, he has become the absolute owner of the suit property. But, the defendants continued to be in possession and enjoyment of the suit property even after execution of Ex.A.1, sale deed dated 25.03.1999, as licensee. While so, during the month of January 2004, the first defendant started disputing the title of the plaintiff. Further, the defendants have also refused to vacate and hand over vacant possession to the plaintiff. Therefore, the plaintiff issued a legal notice under Ex.A.2 dated 17.11.2004 to the defendants for cancelling the licence granted to the first defendant and calling upon the defendants to vacate and hand over vacant possession of the suit property to the plaintiff.