S PARTHASARATHY Vs. DURAI ALIAS GOVINDASAMY

JUDGEMENT

(1.) THE plaintiff, who has lost his case before both the Courts below, is the appellant herein.

(2.) THE plaintiff filed the suit O. S. No. 2891 of 1990 on the file of VII Assistant Judge, City Civil Court, Chennai against the defendants, who are none other than his brothers and sister, for permanent injunction restraining them from interfering with his peaceful possession and enjoyment of the suit property.

(3.) THE facts which are relevant for the disposal of the second appeal are as follows:- The plaintiff has purchased the suit land on 14. 06. 1969 under Ex. A. 1 Sale Deed. Admittedly, at the time of the said purchase, the plaintiff was unemployed. It is also not in dispute that the plaintiff got employment only in the year 1980 and he was appointed as Kalasi in the Southern Railway. On 17. 12. 1967, the father of the parties died and later on, their mother also died on 18. 10. 1999. It is the case of the plaintiff that the defendants had forcibly obtained the signature of the plaintiff in Exs. A. 13 and A. 14 viz. , partition deed and agreement respectively. Hence, he gave a complaint to the police under Ex. A. 17 on 14. 03. 1990. Admittedly, no action was taken on the said complaint given by the plaintiff against the defendants. Alleging interference by the defendants, the suit had been instituted for permanent injunction.