ANNAMALAI Vs. S. KARUNAMURTHY AND ORS.

JUDGEMENT

(1.) The first defendant in O.S.No.558 of 1994 on the file of the learned District Munsif, Maduranthagam, is the appellant herein. The first respondent herein is the plaintiff in the suit. The other respondents are the other defendants in the suit. The said suit was filed by the first respondent herein for permanent inunction to restrain the defendants from in any manner interfering with his peaceful possession and enjoyment of the suit property. The trial Court by decree and judgment dated 30.09.1997 decreed the suit as prayed for. As against the same, the appellant herein filed an appeal in A.S.No.83 of 1998 on the file of the learned Subordinate Judge, Maduranthagam. By decree and judgment dated 15.12.1999, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. That is how the appellant is before this Court with this second appeal.

(2.) The case of the plaintiff in brief is as follows:-

(3.) In the written statement, the first defendant/the appellant herein contended that the suit property belongs to him. The suit property was purchased by him by means of registered sale deed dated 17.04.1987 from one Mrs.Kaliammal and others who are the wife and children of one Mr.Selvarasu. According to him, the suit property was purchased by the ancestors of the vendor of the first defendant by means of a sale deed dated 24.10.1955. In respect of the patta, there is a dispute between the plaintiff and the first defendant and the same is pending before the Revenue Authorities. Thus, according to the first defendant/appellant herein, the plaintiff has got no title for the suit property and the contention of the plaintiff that he has perfected his title by adverse possession, is not correct. He would further submit that the first defendant has been in possession and enjoyment of the suit property. Thus, according to the first defendant, the suit is liable to be dismissed.