SOMASUNDARAM Vs. RAJESWARI AND ORS.

JUDGEMENT

(1.) THE appeal is filed by the defendant who has lost before the Courts below.

(2.) THE suit originally filed for declaration and for injunction and in the event of finding that the first defendant is in possession for recovery of possession. The suit properties are described as two schedules 'A' and 'B' and the 'B' schedule is said to be part of 'A' schedule.

(3.) FROM the above facts, it is clear that the plaintiff herein, who is the respondent has purchased 3072 Sq.ft of lands under Ex.A -15 with specific boundaries. So, also the defendant has purchased under Ex.B.1, an extent of 2622 Sq.Ft. from Nathamal Daga. The perusal of A4 and B1 shows that what was purchased by Nathammal Daga in the year 1967 from Balakrishna Naicker has been conveyed under Ex.B.1 on 19.06.1978 to the defendants. The plaintiff has purchased the property, subsequent, to the purchase of the defendants under Ex.A.15 on 29.08.1979. In Ex.A.15 also, the plaintiff has purchased within the specific boundaries, an extent of 30.72 Sq.Ft.