AMALA Vs. RAJESHWARI

JUDGEMENT

(1.) THE challenge by the defendant, by means of this Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC), is to the impugned judgment and decree dated 21.08.2007 passed by the Lower Appellate Court viz., Subordinate Judge, Madhuranthagam, in A.S. No. 53 of 2006 reversing the judgment and decree of the trial Court, viz., District Munsif, Madhuranthagam, dated 24.02.2006 in O.S. No. 340 of 2004, allowing the First Appeal at the instance of the plaintiff thereby decreeing the suit as prayed for.

(2.) THE plaintiff / respondent herein filed suit O.S. No. 340 of 2004 for declaration of title to the suit property and for permanent injunction restraining the defendant / appellant herein from in any way interfering with her peaceful possession and enjoyment of the suit property.

(3.) THE plaintiff claims to have been in possession and enjoyment of the suit property from date of purchase from one Siluvappa Reddiar by virtue of sale deed dated 07.08.2004. According to the plaintiff, since the defendant, who is the daughter of the said Siluvappa Reddiyar, questioned the sale and attempted to trespass into the suit property aggrieved of the purchase by her, she filed the suit for declaration and injunction.