S. SHANMUGAM AND ORS. Vs. CHANDRASEKARAN

JUDGEMENT

(1.) The defendants in O.S.No.321 of 2004 on the file of the learned District Munsif, Sirkali, are the appellants herein. The sole respondent herein is the plaintiff in the suit. The said suit was filed by the respondent for permanent injunction restraining the defendants from in any manner interfering with his peaceful possession and enjoyment of the suit property. The suit property is admittedly, a vacant site measuring a total extent of 11 cents comprised in S.No.63/7 at Allivillagam Village, Sirkali Taluk, Nagapattinam District. The trial court decreed the suit by decree and judgement dated 16.06.2008. As against the same, the appellants herein filed an appeal suit in A.S.No.70 of 2008 before the learned Additional Sub Judge, Mayiladuthurai. By decree and judgement dated 06.11.2008, the first appellate court dismissed the appeal thereby confirming the decree and judgement of the trial court. As against the same, the appellants herein have come up with the present second appeal.

(2.) This second appeal has come up today for admission. The respondent has made appearance through his counsel.

(3.) The case of the plaintiff is that the suit property measuring 11 cents comprised in S.No.63/7 at Allivillagam Village, Sirkali Taluk, Nagapattinam District, is the ancestral property of his vendor. The plaintiff purchased the same by means of a registered sale deed dated 06.06.2000 (Ex.A1). The title deed of his vendor is dated 04.04.1953 (Ex.A2). In Ex.A.1 since four boundaries were not properly mentioned, the same was amended by means of a rectification deed dated 16.09.2004 (Ex.A.3). According to the plaintiff, patta was issued for the suit property in the name of his vendor (Ex.A.4). According to him, the defendants have got no right whatsoever, but they are trying to disturb his possession and enjoyment in the suit property.