R. PRAKASH AND ORS. Vs. BITCHIAMMAL AND ORS.

JUDGEMENT

(1.) THE defendants, who lost their case before the Courts below, have filed the second appeal, challenging the decree granted permanent injunction in favour of the plaintiff.

(2.) THE case of the plaintiff is that the suit property originally belongs to one M.Kari Gowder. Having purchased the same on 31.01.1940, the said M.Kari Gowder sold the entire extent of land to one Mathan in the year 1941. The said Mathan died in the year 1969. After the death of Mathan, the plaintiffs, being the wife and daughters, became his legal heirs and from the date of his death, the plaintiffs have been in enjoyment of the suit property. While so, the first defendant with the help of the second defendant had fabricated a sale deed and was making a claim over the suit property. The second defendant has no right or title in the suit property. The claim of the first defendant that he has got right over the suit property having purchased the same from the second defendant is unlawful. Therefore, the plaintiffs had filed the suit for permanent injunction and for declaration that the two sale deeds dated 05.05.2008 executed by the second defendant in favour of the first defendant are null and void.

(3.) ON the side of the plaintiffs, their Power of Attorney was examined as P.W.1 besides examining one Bheeman as PW.2 and Exs.A1 to A10 were marked. On the side of defendants, five witnesses have been examined as DW.1 to DW.5 and ten documents were marked as Exs.B1 to B10.