P. KARAPURANAHASWAMY Vs. C. SHANMUGA SUNDARAM AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 953 of 2007 on the file of the learned Principal District Munsif, Salem is the appellant herein and the respondents are the defendants in the suit. There are two items of suit properties. The plaintiff filed the said suit for permanent injunction to restrain the defendants from in any manner interfering with his alleged peaceful possession and enjoyment of the suit properties. The trial court by decree and judgment dated 01.12.2009 dismissed the suit in its entirety. As against the same, the appellant filed an Appeal in A.S. No. 49 of 2010 on the file of the learned II Additional Subordinate Judge, Salem. By decree and judgment dated 29.10.2010, the lower Appellate Court dismissed the appeal, thereby confirming the decree and judgment of the trial court. As against the same, the appellant is before this court with this second appeal.

(2.) THIS Second Appeal has come up before me today for admission. I have heard Mr. Abrar Mohamed, the learned Counsel appearing for the appellant, Mr. A.K. Kumarasamy, the learned Counsel appearing for the respondents 1 to 5 and Mr. S. Rameshkumar, the learned Counsel appearing for the 6th respondent. I have also perused the records carefully.

(3.) THE case of the defendants is that it is true that the plaintiff is the absolute owner of the first item of the suit property and he is also in possession and enjoyment of the same. The first defendant makes it very clear that he does not make any claim over the first item of the suit property at all. So far as the second item of the suit property is concerned, it is stated that the plaintiff's father had never entered into any lease agreement with the first defendant. Neither his father nor the plaintiff was in possession of the second item of the suit property at any point of time. It is their further case that the second item of the suit property was all along in the possession and enjoyment of the first defendant and the first defendant, in turn, has sold away the 2nd item of the suit property to the 2nd defendant on 28.03.2007. The 2nd defendant, in turn, has sold away a portion of the property to one Maheswari under a registered sale deed dated 25.05.2007 and another portion to one Loga Kumaresan, S. Muthuraman and M. Prakash on 28.3.2007. These purchasers have been in possession and enjoyment of the second item of the suit property.