SIVARAMAN AND ORS. Vs. SUBRAMANIYAN AND ORS.

JUDGEMENT

(1.) THERE are four appeals. Mr.Subramaniyan, the first respondent in S.A.No. 1274 of 2014 and respondent in all the other appeals is one and the same person. Mr.Subramaniyan filed O.S.No. 56 of 2004 on the file of the learned District Munsif, Polur in Thiruvannamalai District against the appellants herein namely, Mr.Sivaraman, Mani & Murugan as well as the Sub Registrar, Kalasapakkam, Polur Taluk, the Tahsildar, Taluk Office, Polur Taluk and the District Collector, Collectorate, Thiruvannamalai District. In that suit, Mr.Subramaniyan contended that the suit property measuring 3.33 acres comprised in S.No. 260/03 at Kalasapakkam Village, Polur Taluk in Thiruvannamalai District was originally owned by one Mr.Perumal Naidu s/o Mr.Varatha Rajalu Naidu. Mr.Perumal Naidu s/o Mr.Varatha Rajalu Naidu had settled down permanently in Malaysia. According to Mr.Subramaniyan, Mr.Perumal Naidu s/o Mr.Varatha Rajalu Naidu had come down to Tamil Nadu and sold away the suit property namely the entire extent of 3.33 acres of land to him by means of registered sale deed dated 13.12.2001. By virtue of the said document, according to him, Mr.Subramaniyan/respondent herein has become the absolute owner of the entire extent of the suit property. He further contended in the suit that the defendants Mr.Sivaraman, Mani & Murugan had trespassed into the suit property during the year 2004 thereby dispossessing Mr.Subramaniyan. According to his further case, they were also making further attempts to make further encumbrance in respect of the suit property and also to change the patta in their names. With these allegations, Mr.Subramaniyan, filed O.S.No. 56 of 2004 on the file of the learned District Munsif, Polur praying for declaration of title, for delivery of possession, for mean profits and for permanent injunction to restrain the defendants 1 to 3 therein from making any further encumbrance over the suit property and for permanent injunction against the fourth defendant therein thereby restraining him from registering any document pertaining to the suit property and permanent injunction against the defendants 5 & 6 therein from effecting any change in the patta in respect of the suit property.

(2.) MR .Sivaraman, the first defendant in O.S.No. 56 of 2004 filed O.S.No. 394 of 2009 on the file of the learned District Munsif, Polur for declaration of title in respect of 1.11 acres of land out of the total extent of 3.33 acres of the land which is the suit property in O.S.No. 56 of 2004. According to him, the original vendor Mr.Perumal Naidu s/o Mr.Varatha Rajalu Naidu did not execute any sale deed in respect of the suit property in favour of Mr.Subramaniyan, the plaintiff in O.S.No. 56 of 2004 on 13.12.2001. His further specific case is that the said sale deed dated 13.12.2001 upon which Mr.Subramaniyan claims title is a forged document. It is his further case that Mr.Perumal Naidu s/o Mr.Varatha Rajalu Naidu the original owner of the land had come down to Tamil Nadu only during the year 2002 and had executed sale deed in respect of 1.11 acres of land out of 3.33 acres of land on 22.11.2002. Thus, according to him, he has become absolute owner of 1.11 acres of land by virtue of the said sale deed dated 22.11.2002 and he has been in possession and enjoyment of the same.

(3.) SIMILARLY , Mr.Murugan, the third defendant in O.S.No. 56 of 2004 on the file of the learned District Munsif, Polur has filed O.S.No. 370 of 2009 before the same Court claiming that he has purchased 1.11 acres of land out of the total extent of 3.33 acres which is the subject matter of O.S.No. 56 of 2004 and by virtue of the said sale deed dated 22.11.2002, he has become the absolute owner of the same and he is in possession and enjoyment of the same. Thus, he has filed the said suit for declaration of title in respect of 1.11 acres of land and for permanent injunction to restrain Mr.Subramaniyan from in any manner interfering with his alleged peaceful possession and enjoyment of the same.