SELLAPAGOUNDER Vs. SAMIYAPPAN AND ORS.

JUDGEMENT

(1.) THE unsuccessful defendant before the Courts below has preferred these Second Appeals, aggrieved by the judgments and decrees granted for declaration of title and permanent injunction.

(2.) ORIGINALLY , the suit properties were in Survey No. 957/A3C and presently resurveyed as Survey No. 1214/6C. The suit properties originally belonged to one Chellappa Gounder, S/o. Chinnasami Gounder, who had derived title, pursuant to a partition deed dated 29.12.1965. The total extent of the suit properties are 0.06 cents. The said properties were sold by the owner, Chellappa Gounder in favour of one Nachammal on 05.05.1971. Thereafter, the said Nachammal was in possession of the suit properties till her death. The respondents/plaintiffs had purchased the properties on 10.09.2002 from the legal heirs of the said Nachammal. Each of the plaintiff had purchased independently 0.02 cents by separate sale deeds. In the plaint, the suit properties are described as 'A', 'B' & 'C' schedule respectively. Each of the suit schedule properties measures about 17' East -West, 51' North -South. On the North of the suit properties lies the lands belonging to the defendant. While so, the defendant who has got no right or title over the suit properties had attempted to trespass into the same on the Northern side, which constrained the plaintiffs to file the suit.

(3.) BEFORE the trial Court, on the side of the plaintiffs, the first plaintiff examined himself as P.W.1 and four more witnesses were examined as P.W.2 to P.W.5 and Exs. A1 to A11 were marked. On the side of the defendant, the defendant examined himself as D.W1 and three witnesses were examined as D.W2 to D.W4 and Exs. B1 to B11 were marked. Exs. X1 to X5 were marked through D.W3. Exs. C1 to C3 were marked as Court documents.